HomeMy WebLinkAbout1997-05-07; Planning Commission; Resolution 40881
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
27
28
e 0
PLANNING COMMISSION RESOLUTION NO. 4088
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAWSBAD, CALIFORNIA, APPROVING SITE
TWO CONDOMINIUM UNITS ON THE SITE AND
DEMOLISH THE EXISTING UNIT, FOR A TOTAL OF TWO
UNITS, ON A .16 ACRE PARCEL ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF OCEAN
STREET, SOUTH OF CYPRESS AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SEA BISQUIT
CASE NO.: SDP 96-1 6
WHEREAS, Patrick McGuire, “Developer”, has filed a verified applicatiol
the City of Carlsbad regarding property owned by Patrick McGuire, “Owner”, described a
DEVELOPMENT PLAN NO. SDP 96-16 TO CONSTRUCT
Lot 3 and 4 of Block A of Map No. 2 of the Hayes Land
Company (incorporated) addition in Carlsbad, according to
Map thereof No. 1221 filed in the Office of the County Clerk
November 3,1909
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develol
Permit as shown on Exhibits “A”-“G” dated May 7, 1997, on file in the Planning Deparl
Sea Bisquit- SDP 96-16 as provided by Chapter 21.82.040 of the Carlsbad Municipal Code
WHEREAS, the Planning Commission did, on the 7th day of May 1997 h
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all fi
relating to the Site Development Plan.
...
...
I
1
2
3
4
5
6
7
8
9
18
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission 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 Comm
APPROVES Site Development Permit, SDP 96-16 based on the folll
findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein for compl
with Local Facilities Management Plan Zone 1, compliance with R-3 Zoning an
Beach Area Overlay Zone (except as approved under V 96-01), is in conforr
with the Elements of the City’s General Plan, based on the following:
a. Land Use - The project is consistent with the City’s General Plan sinc
proposed density of 17.99 ddacre is within the density range of 15-23 dl
specified for the site as indicated on the Land Use Element of the General
and is at or below the growth control point of 19.
b. Housing - That the project is consistent with the Housing Element of the GI
Plan and the Inclusionary Housing Ordinance as the Developer has
conditioned to pay an inclusionary housing in-lieu fee.
2. The project is consistent with the City-Wide Facilities and Improvements Plar
applicable local facilities management plan and all City public facility policie!
ordinances since the project has been conditioned to ensure the building permits wi
be issued for the project unless the District Engineer determines that sewer serv
available, and building cannot occur within the project unless sewer service re]
available, and the District Engineer is satisfied that the requirements of the I
Facilities Element of the General Plan have been met insofar as they apply to ~
service for this project.
3. Statutory School fees will be paid to ensure the availability of school facilities j
Carlsbad School District.
4. Park-in-lieu fees are required as a condition of approval.
5. All necessary public improvements have been provided or are required as conditio
approval.
6. The Developer has agreed and is required by the inclusion of an appropriate conditi
pay a public facilities fee. Performance of that contract and payment of the fee
enable this body to find that public facilities will be available concurrent with ne
~ PC RES0 NO. 4O88 -2-
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
27
28
I
e 0
required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee, 01
construction tax, or development fees, and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pursu,
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabi
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as part
Local Facilities Management Plan for Zone 1.
9. That the requested use is properly related to the site, surroundings and environr
settings, is consistent with the various elements and objectives of the General Plar
not be detrimental to existing uses or to uses specifically permitted in the area in
the proposed use is to be located, and will not adversely impact the site, surroundi~
traffic circulation, in that as designed, is compatible in appearance with surrou:
projects, is similar in density to surrounding development, has been designed 1
step-down building pad to reduce visual impacts, is consistent with the Lanc
and Housing Elements of the Carlsbad General Plan, is consistent with the Mc
segment of the City’s Local Coastal Program, complies with the develor
standards of the Beach Area Overlay Zone, the planned development ordinanc
the R-3 Zone (except as may be approved under V 96-01).
10. That the site for the intended use is adequate in size and shape to accommodate the I
that the proposed project as designed, provides reasonably-sized two-bedroom
adequate parking and landscaping and with a maximum height of 32-fee
project is compatible with the surrounding neighborhood.
11. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the project complies with all standards of th
and Beach Area Overlay Zones (except as approved under V 96-01).
12. That the project is consistent with the City’s Landscape Manual, adopted by City CC
Resolution No. 90-384.
13. The Planning Commission has reviewed each of the exactions imposed on the Devl
contained in this resolution, and hereby finds, in this case, that the exactions are im
to mitigate impacts cause by or reasonably related to the project, and the extent m
degree of the exaction is in rough proportionality to the impact caused by the projecl
14. That the street systems serving the proposed use is adequate to properly handle all
generated by the proposed use, in that the addition of one unit will result in or
additional 8 ADT to the area which can be adequately handled by the ex
circulation system.
PC RES0 NO. 4088 -3 -
e e
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
27
28
Planning - Conditions:
1. The Planning Commission does hereby APPROVE the Site Development Plan f
project entitled Sea Bisquit (Exhibits “A”-“G” dated May 7, 1997, on file :
Planning Department and incorporated by this reference, subject to the conditions
set forth. Staff is authorized and directed to make, or require Developer to mal
corrections and modifications to the Site Development Plan document(s), as necess;
make them internally consistent and in conformity with final action on the p:
Development shall occur substantially as shown in the approved Exhibits. Any prc
development substantially different from this approval, shall require an amendm!
this approval.
2. The Developer shall comply with all applicable provisions of federal, state and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy ’
Site Plan as approved by the final decision making body. The Site Plan shall refle
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvemenl
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan ch
reduced legible version of the approving resolution(s) on a 24” x 36” blueline draw
5. Building permits will not be issued for development of the subject property unle:
District Engineer determines that sewer facilities are available at the time of applic
for such sewer permits and will continue to be available until time of occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on Ju
1987, (amended July 2, 1991) and as amended from time to time, and any develol
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun
Code or other ordinance adopted to implement a growth management system or Fac
and Improvement Plan and to fulfill the subdivider’s agreement to pay the 1
facilities fee dated December 30,1996, a copy of which is on file with the City Clel
is incorporated by this reference. If the fees are not paid, this application will r
consistent with the General Plan and approval for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to mi
conditions of overcrowding as part of the building permit application. The am01
these fees shall be determined by the fee schedule in effect at the time of building p
application.
8. This project shall comply with all conditions and mitigation measures which are rec
as part of the Zone 1 Local Facilities Management Plan and any amendments mE
that Plan prior to the issuance of building permits.
PC RES0 NO. 4088 -4-
0 e
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
27
28
9. If any condition for construction of any public improvements or facilities, or the pa-
of any fees in-lieu thereof, imposed by this approval or imposed by law on this resic
housing project are challenged this approval shall be suspended as provid
Government Code Section 66020. If any such condition is determined to be inval
approval shall be invalid unless the City Council determines that the project withc
condition complies with all requirements of law.
10. Approval of SDP 96-16 is granted subject to the approval of CP 96-01, MS 97-01?
97-02, V 96-01, MS 97-01 and CDP 96-19. SDP 96-16 is subject to all con(
contained in CP 96-01, MS 97-01, HDP 97-02, V 96-01, MS 97-01 and CDP 96-
the Condominium Permit, Minor Subdivision, Hillside Development PC
Variance, Minor Subdivision and Coastal Development Permit.
11. Prior to the issuance of the Building Permit, Developer shall submit to the City a 1
of Restriction to be filed in the office of the County Recorder, subject to the satisf
of the Planning Director, notifying all interested parties and successors in interest tl-
City of Carlsbad has issued a Site Development Plan by Resolution No. 4088 on tk
property owned by the Developer. Said Notice of Restriction shall note the prc
description, location of the file containing complete project details and all conditic
approval as well as any conditions or restrictions specified for inclusion in the No1
Restriction. The Planning Director has the authority to execute and record an amen1
to the notice which modifies or terminates said notice upon a showing of good ca1
the Developer or successor in interest.
12. No outdoor storage of materials shall occur onsite unless required by the Fire Chit
such instance a storage plan will be submitted for approval by the Fire Chief ar
Planning Director.
13. The Developer shall prepare a detailed landscape and irrigation plan in conformancc
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior 1
approval of the final map, grading permit, or building permit, whichever occurs first
Developer shall construct and install all landscaping as shown on the approved plan
maintain all landscaping in a healthy and thriving condition, free from weeds, trasl
debris.
14. The first submittal of detailed landscape and irrigation plans shall be accompanied 1
project’s building, improvement, and grading plans.
15. Building identification and/or addresses shall be placed on all new and existing buil
so as to be plainly visible from the street or access road; color of identification 2
addresses shall contrast to their background color.
16. Prior to the issuance of building permits, the Developer shall prepare and record a P
that this property is subject to overflight, sight and sound of aircraft operating
McClellan-Palomar Airport, in a form meeting the approval of the Planning Directc
PC RES0 NO. 4088 -5-
0 e
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
27
28
the City Attorney (see Noise Form #2 on file in the Planning Department).
17. Prior to the issuance of building permits, the Developer shall pay to the Cj
inclusionary housing in-lieu fee as an individual fee on a per market rate dwellin
Basis.
18. Grading activities on this project shall be limited to the period of April 1 th:
October 1 of each year pursuant to Section 21.203 of the Carlsbad Municipal C
Engineering - Conditions
19. Prior to hauling dirt or construction materials to or from any proposed constructio
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all conditio1
requirements the City Engineer may impose with regards to the hauling operation.
20. The project shall comply with all conditions of Minor Subdivision 97-01 0'
approval shall be considered as null and void.
2 1. The developer shall pay all current fees and deposits required.
22. Based upon a review of the proposed grading and the grading quantities shown on tl
plan, a grading permit for this project appears to be required. The developer must s
and receive approval for grading plans in accordance with City codes and standards
to issuance of a building permit for the project.
23. Five feet shall be dedicated by the owner along the project fiontage on Ocean
based on a center line to right-of-way width of twenty-five feet and in conformanct
City of Carlsbad Standards.
Water District Conditions
24. The Development shall be responsible for all fees, deposits and charges which M
collected before and/or at the time of issuance of the building permit. The San :
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
25. Developer shall consult with the District Engineer for review, comment and apg
prior to the submission of sewer, water and reclaimed water improvement plans as p
the building permit application process regarding system layouts and usages (i.e. G
EDU)
26. This project is approved upon the expressed condition that building permits will r
issued for development of the subject property unless the water district servin
development determines that adequate water service and sewer facilities are availa
the time of application for such water service and sewer permits will continue
available until time of occupancy. This note shall be placed on the final map.
PC RES0 NO. 4088 -6-
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
Fire Condition
27. An automatic fire sprinkler system shall be installed in each unit. Plans a
specifications for the sprinkler system shall be submitted to the Fire Departme:
review and approval prior to building permit issuance.
28. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the ri;
revoke or modify all approvals herein granted; deny or further condition issuance
hture building permits; deny, revoke or fwther condition all certificates of occu
issued under the authority of approvals herein granted; institute and prosecute litigat
compel their compliance with said conditions or seek damages for their violatio
vested rights are gained by Developer or a successor in interest by the City’s appro
this Site Development Plan.
Standard Code Reminders
29. The Developer shall pay a landscape plan check and inspection fee as required by SI
20.08.050 of the Carlsbad Municipal Code.
30. This approval shall become null and void if building permits are not issued fc
project within 18 months from the date of project approval.
31. Approval of this request shall not excuse compliance with all applicable sections
Zoning Ordinance and all other applicable City ordinances in effect at time of bu
permit issuance, except as otherwise specifically provided herein.
32. All roof appurtenances, including air conditions, shall be architecturally integrate
concealed from view and the sound buffered from adjacent properties and strec
substance as provided in Building Department Policy No. 80-6, to the satisfaction
Community Development Director.
33. All landscape and irrigation plans shall be prepared to conform with the Land
Manual and submitted per the landscape plan check procedures on file in the Pla
Department.
34. The developer shall exercise special care during the construction phase of this proj
prevent offsite siltation. Planting and erosion control shall be provided in accor
with the Carlsbad Municipal Code and the City Engineer.
.*.
. ..
...
...
PC RES0 NO. 4088 -7-
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
27
28
m 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 7th day of May 1997, 1
following vote, to wit:
AYES: Commissioner Compas, Heineman, Monroy, Noble and Saw
NOES: Chairperson Nielsen and Commissioner Welshons
ABSENT: None
ABSTAIN: None
.. . .
/”. /@/!/& /F6- &/-7
/ \ -c *--“=.v.- __
ROBER? NIELSEGxhairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOMMILBR
Planning Director
PC RES0 NO. 4088 -8-