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Home My WebLink About1992-11-04; Planning Commission; Resolution 3448, )I 0 0 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 3448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AMENDMENT ON PROPERTY GENERALLY LOCATED AT 3636 AND 3638 CARLSBAD BOULEVARD. CASE NAME: BABCOCK CONDOMINIUMS CASE NO: SDP 89-01(A) , 6 7 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and a 9 WHEREAS, said verified application constitutes a request as provided by Title 10 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 12 described as: 13 Commission did, on the 4th day of November, 1992, consider said request on property 21 of the Carlsbad Municipal Code; and 14 15 16 Lot "0" of Block two (2) of Palisades Height, in the City of Carlsbad, County of San Diego, State of California, as per map thereof No. 1777, filed in the Office of the County Recorder of San Diego County, January 11, 1924. 17 WHEREAS, at said public hearing, upon hearing and considering all testimony 18 and arguments, X- my, of all persons des&g to be heard, said Co&ss;on considered all factors relating to SDP 89-0l(A). 19 20 21 (1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 22 A) That the foregoing recitations are true and correct. 23 of the City of Carlsbad as follows: 24 25 26 27 B) That based on the evidence presented at the public hearing, the Commission APPROVES SDP 89-01(A), based on the following findings and subject to the following conditions: .... 28 \ II 0 * 1 2 3 4 5 6 FiIldin2-S: 1. The project is consistent with the City's General Plan since the proposed density of 12.8 du's/acre is within the density range of 15 - 23 du's/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 19 du's/acre. 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 density proposed, provided the requested variance is granted. , 7 3. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. a 9 10 11 12 13 14 15 16 4. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for High Density Residential development on the General Plan. 5. 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. 6. 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. 17 18 7. The project is categorically exempt from environmentd review per Section 15301 (K) of the California Fnvironmentd Quality Act. 19 8. Separate gas and electric service is provided for each unit. 20 Conditions: 21 1. Approval is granted for SDP 89-01(A) and V 92-01, as shown on Exhibit(s) "A" and 22 "B", dated November 4, 1992, incorporated by reference and on file in the Planning 23 noted in these conditions. 24 2. This project is approved upon the express condition that the final map shall not be 25 approved unless the City Engineer finds as of the time of such approval that sewer service is available to serve the subdivision. 26 3. Water shall be provided to this project pursuant to the Water Service agreement 27 between the City of Carlsbad and the Carlsbad Municipal Water District, dated 28 Department. Development shall occur substantially as shown unless otherwise May 25, 1983. PC RES0 NO. 344.8 -2- 0 e 1 2 3 4 5 6 7 a 9 ra 11 12 13 14 4. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to recorda~on of the parcel map or issuance of a Certificate of Compliance. 5. The applicant is aware that the City is preparing a housing impact fee program as an alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housing Element. If in the development of the impact fee program, it is determined by the City Council in order to find consistency with the Housing Element of the General Plan as well as consistency with Section 66473.5 of the Government Code (Subdivision Map Act), that this project is subject to this fee and a parcel map has not been issued, the applicant or its successors in interest shall pay whatever reasonable impact fee that is required and in effect at the time of issuance of parcel map. If required fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. No impact fee will be required if a parcel map is issued prior to the effective date of the hclusionary Ordinance (ZCA 91-6). 6. 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 on this project are challenged this approval shall be suspended as provided in 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. 15 16 7. The applicant shall give notice of the conversion to all tenants as required by the 18 17 Subdivision Map Act and the Carlsbad Municipal Code. 8. Approval of SDP 89-01 (A) is granted subject to the approval of V 92-01. 9. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and 19 approved by the Planning Director prior to final map approval. 20 21 10. The applicant shall post a sign concerning not backing out onto Carlsbad Boulevard, En&eerinE Conditions: 22 to the satisfaction of the Planning Director. 23 24 25 26 27 28 11. The tentative parcel map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. 12. The applicant shall provide the City with the approved tentative parcel map. The map shall be to scale on a reproducible 24" x 36" Xerox or photo mylar. The tentative parcel map shall reflect the conditions of approval by the City. The reproducible shall be submitted to the City Engineer, reviewed and signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. I/ PC RES0 NO. 3448 -3- ll . ll 0 @ 13. Unless a standards variance has been issued, no variance from City Standards i: 1 authorized by virtue of approval of this tentative parcel map. 2 3 4 5 6 7 14. If the property is within the Coastal Zone, the applicant shall submit proof of 2 California State Coastal Commission permit signed and acknowledged by thc applicant prior to parcel map approval. 15. All required fees and deposits shall be paid prior to approval of the parcel map. 16. Prior to approval of the parcel map the owner shall pay and/or enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. 8 9 17. 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. 18. The applicant shall pay the recording fees for all agreements, easements and 10 documents required for this project prior to the approval of the parcel map. XI. ll PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 12 1 13 14 Commission of the City of Carlsbad, California, held on the 4th day of November, 1992, by the following vote, to wit: 15 16 17 18 19 20 21 22 23 24 II AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Noble, Welshons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. 3 TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 25 26 % 27 28 PLANNING DIRECTOR PC RES0 NO. 3448 -4-