HomeMy WebLinkAbout1992-02-19; Planning Commission; Resolution 3328Y 1
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PLANNING COMMISSION RESOLUTION NO. 3328
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDOMINIUM PERMIT ON PROPERTY GENERALLY
LOCATED AT 3610 CARLSBAD BOULEVARD IN LOCAL,
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MONROY DUPLEX
CASE NO: CP 91-1
WHEREAS, a verified application for certain property to wit:
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.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Tit
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of February, 199.
and on the 19th day of February, hold a duly noticed public hearing as prescribed by la
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimor
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
factors relating to the Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissic
APPROVES CP 91-1, based on the following findings and subject to the followil
conditions:
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growth control point of 19.
11.4 du's/acre is below the density range of 15-23 du's/acre specified for the site
1. The project is consistent with the Citfs General Plan since the proposed density of 2
Findinns:
3 as indicated on the Land Use Element of the General Plan, and is at or below the
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5 2. The site is physically suitable for the type and density of the development since the
density proposed. 6
site is adequate in size and shape to accommodate residential development at the
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3. The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will 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. I I
XI.
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6.
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The Carlsbad School District has written a letter, dated January 31, 1991, stating that school facilities will be available to this project.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriatl
condition to pay a public facilities fee. Performance of that contract and paymen
of the fee will enable this body to find that public facilities will be availabb
concurrent with need as required by the General Plan.
The proposed project is consistent with the City's Planned Development Ordinancl
and also complies with the Design Guidelines Manual.
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8. The proposed project is compatible with the surrounding future land uses sinc
surrounding properties are designated for multifamily development on the Generz
Plan.
9. The applicant is by condition, required to pay any increase in public facility fee, c
new construction tax, or development fees, and has agreed to abide by ar
additional requirements established by a Local Facilities Management Plan preparc
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensu:
continued availability of public facilities and will mitigate any cumulative impac
created by the project.
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27 Facilities Management Plan for Zone 1.
10. This project is consistent with the City's Growth Management Ordinance as it h8
been conditioned to comply with any requirement approved as part of the LOC
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1 Conditions: 11
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1. Approval is granted for CP 91-1, as shown on Exhibits "A" & "B", "F' & "G", dated 3
Planning:
February 5, 1992 and Exhibits "C", "Dl', and "E", dated February 19, 1992,
incorporated by reference and on file in the Planning Department. Development
5 shall occur substantially as shown unless otherwise noted in these conditions.
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2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the site plan as approved by the Planning Commission. The site plan shall reflect
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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, whichever occurs first,
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3.
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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 ordinancc
adopted to implement a growth management system or facilities and improvemen
plan and to fulfill the subdivider's agreement to pay the public facilities fee datec
January 23, 1991, a copy of which is on file with the City Clerk and is incorporate(
by this reference. If the fees are not paid this application will not be consistent wid
the General Plan and approval for this project will be void.
This project shall comply with all conditions and mitigation required by the Zonc
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 futur( amendments to the Plan made prior to the issuance of building permits.
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5. If any condition for construction of any public improvements or facilities, or th
payment of any fees in lieu thereof, imposed by this approval or imposed by law o
this project are challenged this approval shall be suspended as provided i
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 tk
project without the condition complies with all requirements of law.
6. Approval of this request shall not excuse compliance with all sections of the Zonir
Ordinance and all other applicable City ordinances in effect at time of buildir
permit issuance.
7. This approval shall become null and void if building permits are not issued for tl
project within one year from the date of project approval.
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8. Approval of CP 91-1 is granted subject to the approval of SDP 91-1.
PC RES0 NO. 3328 -3- 28
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9. All roof appurtenances, including air conditioners, shall be architecturally integrate(
and concealed from view and the sound buffered from adjacent properties an(
streets, in substance as provided in Building Department Policy No. 80-6, to thc
satisfaction of the Directors of Planning and Building.
10. The applicant shall prepare a detailed landscape and irrigation plan which shall bc
submitted to and approved by the Planning Director prior to the issuance of gradinr or building permits, whichever occurs first,
11. All landscaped areas shall be maintained in a healthy and thriving condition, fret
from weeds, trash, and debris.
12. This project is being approved as a condominium permit for residentia
homeownership purposes. If any of the units in the project are rented, thj
minimum time increment for such rental shall be not less than 26 days. A conditio
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 sha
include a reduced version of the approving resolution/resolutions on a 24" x 3t
blueline drawing. Said blueline drawing(s) shall also include a copy of an
applicable Coastal Development Permit and signed approved site plan.
14. Prior to issuance of a grading or building permit, whichever comes first, a soi:
report shall be prepared and submitted to the City of Carlsbad. If the soils repo:
indicates the presence of potential fossil bearing material then a standard tw
phased program, on file in the Planning Department, shall be undertaken to avoi
possible significant impacts on paleontological resources under the direction of tk
Planning Department.
Endneering:
15. The tentative parcel map approval shall expire two (2) years from the date of ti
I letter containing the final decision for tentative parcel map approval.
20 16. The developer shall provide the City with the reproducible 24" x 36" mylar copy
map shall reflect the conditions of approval by the City. The map copy shall
submitted to the City Engineer prior to issuance of building permits, improvemer
21 the tentative parcel map as approved by the City Engineer. The tentative par(
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17. Unless a standard variance has been issued, no variance from City Standards
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PC RES0 NO. 3328 -4- 28
plans, or grading permits submittal, whkhever occurs Grst.
authorized by virtue of approval of this tentative parcel map.
18. The developer shall submit proof of a California State Coastal Commission pem
prior to parcel map approval.
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1 19. All required fees and deposits shall be paid prior to parcel map recordation.
2 20. Prior to approval of the parcel map the developer shall pay and/or enter into a]
agreement with the City to pay any drainage area fees established as a result of tht 3
easements and documents required for this project. 5
forthcoming Master Drainage Plan Update.
4 21. The subdivider shall be responsible to pay the recording fees for all agreement5
6 22. This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the City Enginee
sewer permits and will continue to be available until time of occupancy. This not
shall be placed on the parcel map.
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determines that sewer facilities are available at the time of application for suc:
9 23. The applicant shall pay park-in-lieu fees to the City prior to the approval of th
10 parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code.
I’ 11 24. Additional drainage easements and drainage structures shall be prodded or ;nstaIIe
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the parcel map.
26. The developer shall comply with all the rules, regulations and design requiremen
16 of the respective sewer and water agencies regarding services to the project.
17 27. The developer shall be responsible for coordination with S.D.G.&E., Pacif
prior to the issuance of grading or building permits as may be required by the Cit
Engineer.
25. Prior to final map the owner shall relinquish access rights to Carlsbad Boulevard o
18 I1 Telephone, and Cable TV authorities.
19 1 28. The developer shall repair any damaged curb, gutter or sidewalk along the proje
frontage. Repairs shall be made to the satisfaction of the City Engineer prior
2o I issuing a certificate of occupancy.
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29. The developer shall enter into an agreement to pay proportional fees f
undergrounding of all existing overhead utility lines along the boundary of tl
subdivision prior to parcel map approval.
Water
30. This project is approved upon the express condition that building permits will n
be issued for development of the subject property unless the water district servi
the development determines that adequate water and service is available at the tiT
of application for water service and will continue to be available until time
occupancy.
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31. The entire potable and non-potable water systerdsystems for subject project sh
be evaluated in detail to ensure that adequate capacity and pressure for domest
landscaping and fire flow demands are met.
32. The developer's engineer shall schedule a meeting with the District Engineer and t
City Fire Marshal and review the preliminary water system layout prior
preparation of the water system improvement plans.
33. The developer will be responsible for all fees and deposits plus the major facil
charge which will be collected at time of issuance of building permit.
- Fire:
34. Prior to the issuance of building permits, complete building plans shall be submitt
to and approved by the Fire Department.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni
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Commission of the City of Carlsbad, California, held on the 19th day of February 1992,
the following vote, to wit:
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AYES: Chairman Erwin, Commissioners: Schlehuber, Schram
Holmes, Savary, Noble & Hall.
I.6 I1 NOES: None.
17 11 ABSENT: None.
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ABSTAIN: None.
LGAL-
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
22 /1 ATTEST:
23 11 2411 Ah. 'A " A-
2511 'v-iXh MICHAEL J. H~LZMI~~ER
26 PLANNING DIRECTOR
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