HomeMy WebLinkAbout1984-04-17; Housing & Redevelopment Commission; Resolution 37/I e e II
I. I1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO.0
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A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COI
OF TBE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REDEVELOPMENT PERMIT INCLUDING A CONDITIONAL USE
COMPLEX INCLUDING 132 TIME SHARE CONDOMINIUM UNI
UNIT HOTEL, A RESTAURANT, AND RETAIL SHOPS BUILD ACRES AT THE SOUTH-WEST CORNER OF CARLSBAD BOULE ELM AVENUE.
APPLICANT: CARLSBAD INN CASE NO.: RP/CUP/CP 84-3
A CONDOMINIUM PERMIT TO CONSTRUCT A MIXED-USE RE;
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WHEREAS, a verified application has been filed w
City of Carlsbad and referred to the Housing and Redevelo
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Commission; and
WHEREAS, said verified application constitutes E
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Munic
the Housing and Redevelopment Commission did, on the 17t
April, 1984, hold a duly noticed public hearing to consil
application on property described as:
That portion of Tract 97 of Carlsbad Lands, in 1
Carlsbad, County of San Diego, State of Califorr according to Map thereof No. 1661, filed in the
the County Recorder of San Diego County; and a11 portion of Blocks 14 and 15 of Town of Carlsbad, City of Carlsbad, county of San Diego, State of
California, according to Map thereof No. 535, f: Office of the County Recorder of San Diego Counl
21 WHEREAS, at said public hearing, upon hearing a1
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considering all testimony and arguments, if any, of all j
desiring to be heard, said Commission considered all fac'
24 relating to RP 84-3.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Ho,
26 Redevelopment Commission of the City of Carlsbad as folll
27 A) That the foregoing recitations are true and correct
28 B) That based on the evidence presented at the public Housing and Redevelopment Commission recommends APP RP/CUP/CP 84-3 based on the following findings ax
the following conditions:
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1 Findings:
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1) The proposed project is consistent with the goals anc standards of the Village Design Manual.
2) The proposed project will increase the economic viabj 4 the Redevelopment area.
5 3) The site is physically suitable for the type and den5
development since the site is adequate in size and SI 6 accommodate development at the density proposed.
7 4) The project is consistent with all City public facil:
8 icies and ordinances since:
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a) The Housing and Redevelopment Commission has, by
of an appropriate condition to this project, inst
finds that sewer service is available to serve tl
In addition, the Housing and Redevelopment Commi:
added a condition that a note shall be placed on
map that building permits may not be issued for .
unless the City Engineer determines that sewer st
available, and building cannot occur within the 1
unless sewer service remains available, and the I Redevelopment Commission is satisfied that the r( of the public facilities element of the general 1 been met insofar as they apply to sewer service project.
the final map will not be approved unless the Cil
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b) The Carlsbad School District has written a lette,
April 10, 1984, stating that school facilities w
c) Park-in-lieu fees are required as a condition of 18
available to this project.
19 ! d) All necessary public improvements have been prov
20 will be required as conditions of approval.
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e) The applicant has agreed and is required by the of an appropriate condition to pay a public faci Performance of that contract and payment of the enable this body to find that public facilities available concurrent with need as required by th
plan.
f) Assurances have been given that adequate sewer f
project will be provided by the City of Carlsbad
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5) This project will not cause any significant environm
impacts and a Negative Declaration has been issued b Use Planning Manager on March 8, 1984 and approved b
Design Review Board and Planning Commission on March
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6) The requested use is necessary or desirable for the development of the community, is essentially in harmc the various elements and objectives of the general pl is not detrimental to existing uses or to uses specif
permitted in the zone in which the proposed use is tc
located. The use is further consistent with the goal
standards of the Village Redevelopment Manual.
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7) The site for the intended use is adequate in size and
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accomodate the use.
8) All of the yards, setbacks, walls, fences, landscapir other features necessary to adjust the requested use
existing or permitted future uses in the neighborhooi provided and maintained.
9 9) The street system serving the proposed use is adequat properly handle all traffic generated by the proposec 10
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10) The proposed project is located in reasonable proxim:
beach and downtown shops, and therefore can geograph: financially function as a successful time-share projt the project will not be disruptive to surrounding ex: future uses.
14 11 Conditions:
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1) Approval is granted for RP/CUP/CP 84-3, as shown on 1
"A", dated March 13, 1984 and Exhibits "B" - "M", dai
February 27, 1984, incorporated by reference and on :
Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in the:
conditions.
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2) This project is approved upon the express condition
final map shall not be approved unless the City Counl as of the time of such approval that sewer service ii to serve the subdivision. 2o I
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3) This project is approved upon the express condition
building permits will not be issued for development
subject property unless the City Engineer determines facilities are available at the time of application sewer permits and will continue to be available unti occupancy. This note shall be placed on the final m
4) This project is approved upon the express condition
applicant shall pay a public facilities fee as requi Council Policy No, 17, dated April 2, 1982, on file
City Clerk and incorporated herein by reference, and to the agreement executed by the applicant for payme fee, a copy of that agreement, dated February 28, 19
file with the City Clerk and incorporated herein by
If said fee is not paid as promised, this applicatio
be consistent with the General Plan and approval for project shall be void.
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l, 5) Approval of this request shall not excuse compliance sections of the Zoning Ordinance and all other applic 2 ordinances in effect at time of building permit issu;
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6) Water shall be provided by the City of Carlsbad unle!
other arrangement is approved by the City Council.
5 I/ Land Use Planning Off ice
6 7) The applicant shall prepare a reproducible mylar of
site plan incorporating the conditions contained her'
7 site plan shall be submitted to and approved by the Planning Manager prior to the issuance of building p
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9)
The applicant shall establish a homeowner's associat corresponding covenants, conditions and restrictions time-share units. Said CC&R's shall be submitted to approved by the Land Use Planning Manager prior to f
approval. CCcR's shall indicate that each time shar restricted to one on-site parking space per unit.
The Management and maintenance program submitted as application shall receive final written approval by
Use Planning Manager prior to the issuance of buildi
permits.
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10) If this project is phased the commercial uses (retai hotel, and restaurant) shall be part of the first ph the condominium units are built in phases, the recre
facilities shall be included in the initial phase.
11) The applicant shall prepare a detailed landscape and plan which shall be submitted to and approved by the
Planning Manager prior to the issuance of building p
12) All landscaped areas shall be maintained in a health
thriving condition, free from weeds, trash, and debr
13) Any signs proposed for this development shall be des conformance with the City's Sign Ordinance and shall
review and approval of the Land Use Planning Manager
installation of such signs.
14) All roof appurtenances, including air conditioners,
architecturally integrated and shielded from view ar
buffered from adjacent properties and streets, pursc
Building Department Policy No. 80-6, to the satisfac Community Redevelopment Manager and Building and P1z Director .
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15) An agreement shall be processed and recorded pursuant Section 21.44.160(4)(d)(iii) of the Carlsbad Municipa Said agreement shall provide for mutual easements for
purposes and shall further provide that said easement
Carlsbad. The developer shall not restrict the use o
site parking spaces without approval of the City.
be removed or modified without the consent of the Cit
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16) The approval of this project is subject to the approv
execution of CT 84-6.
17) This project shall be considered a “Time-Share” condo
8 exceed one month. A note indicating this shall be pl
the final map.
7 project and no unit shall sell for an increment of ti
9 IIEngineering
10 18) The developer shall obtain a grading permit prior to
11 commencement of any clearing or grading of the site.
19) No grading shall occur outside the limits of the subd 12 unless a letter of permission is obtained from the ow
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14 20) Prior to the issuance of a grading permit, the haul z
be submitted for review and approved by the City Engi
separate grading plan shall be submitted and approved 15 separate grading permit issued for the borrow or disF
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the affected properties.
17 1121) All slopes within this project shall be no steeper tk
18 22) An agreement shall be processed and recorded pursuant
Section 21.44.160(4)(d)(iii) of the Carlsbad Municipz
19 Said agreement shall provide for mutual easements for purposes and shall further provide that said easement
20 be removed or modified without the consent of the Cit Carlsbad. The developer shall not restrict the use c site parking spaces without approval of the City. 21
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23) Additional drainage easements and drainage structures
provided or installed as may be required by the Count
Department of Sanitation and Flood Control or the Cit
neer .
24) The developer shall dedicate the following portions o of-way to the City: a) A one foot wide strip along the frontage of the F with Carlsbad Boulevard so as to provide 51 feet
of-way from the center line; b) A five foot wide strip along the frontage of the
with Ocean Street so as to provide a 50 foot wide
way .
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25) Land for all public streets and easements shown on th
granted to city free and clear of all liens and encun
tative map shall be dedicated on the final map and sh
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Improvements including, but not limited to, the follc shall be installed by the developer and approved by t
Engineer prior to filing the final map. Alternately, installation of said improvements shall be guaranteed
security agreement obtained by the developer in an an of a type required by the Carlsbad Municipal Code. !I
a) Half street plus full median improvements for the side of Carlsbad Boulevard from Oak Avenue to Eln
b) Half street improvements for:
1) The easterly side of Ocean Street from Oak Ac
2) The northerly side of Oak Avenue from Ocean z
3) The southerly side of Elm Avenue from Ocean 2
Elm Avenue.
Carlsbad Boulevard.
Carlsbad Boulevard.
c) Sidewalks around the entire project. d) Storm drain and related facilities from the projt to the existing storm facilities on the westerly
to the discharge of said facilities. The storm (
facilities shall be equipped with (A) grease/oil
capable of intercepting petroleum base pollutant:
Ocean Street and thence continuing in a westerly
e) Street trees. f) Street lights.
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27) The developer shall install a wheelchair ramp at the
street corner abutting the subdivision in conformancc of Carlsbad Standards prior to occupancy of any built
28) The developer shall comply with all the rules, regul(
design requirements of the respective sewer and wate,
regarding services to the project.
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The design of all private streets and drainage systems
approved by the City Engineer prior to approval of the map. The structural section of all private streets sk conform to City of Carlsbad Standards based on R-valuc
All private streets and drainage systems shall be ins1 the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of thc
map .
All private streets and drainage systems shall be mail
the homeowner's association in perpetuity. This respc shall be clearly stated in the CC&R's.
All private driveways shall be kept clear of parked v
at all times, and shall have posted "No Parking/Fire
Away Zone" pursuant to Section 17.04.040, Carlsbad MU Code
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32) Approval of this tentative tract map shall expire twe months from the date of City Council approval unless
map is recorded. An extension may be requested by th applicant. Said extension shall be approved or denie
discretion of the City Council. In approving an exte City Council may impose new conditions and may revise conditions.
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33) The developer shall preserve all trees located within designated as parking areas on Oak Avenue.
16 34) The developer shall grant a non-revocable easement fc
perimeter sidewalks that encroach upon the project S:
I? Fire Department
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Prior to the issuance of building permits, complete I
plans shall be submitted to and approved by the Fire Department.
Additional public and/or on site fire hydrants shall
quired if deemed necessary by the Fire Marshall.
The applicant shall submit two (2) copies of a site j
showing locations of existing and proposed fire hydr, site roads and drives subject to the approval of the Marshall.
All required fire hydrants, water mains and appurten
be operational prior to combustible building materia
located on the project site.
Proposed security gate systems shall be provided wit
key operated override switch, as specified by the Fi partment .
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1 40) Fire retardant roofs shall be required on all structc
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All fire alarm systems, fire hydrants, extinguishing
automatic sprinklers, and other systems pertinent to project shall be submitted to the Fire Department for prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor are?
sprinklered or have four-hour fire walls with no ope1 therein which shall split the building into 10,000 sc
less) areas.
7 43) Due to lack of adequate access for firefighters purpc
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10 PASSED, APPROVED AND ADOPTED at a regular meetinc
I' Housing and Redevelopment Commission of the City of Carlsl
l2 California, held on the 17th day of April, 1984, by the fc
condominium buildings shall be supplied with built-i~
protection equipment deemed necessary by the Fire Ch: equipment may include, but not be limited to, standp.
automatic fire sprinkler systems.
13llvote, to wit:
14 11 AYES : Conmissioners Casler, Lewis, Kulchin and Prescott
15 11 NOES: Fbne
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ABSENT: Council Wer Chick
I I ABSTAIN : None
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:AL- C2/4L-.
MARY CASUjR, Chairperson
2o I/ ATTEST:
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