HomeMy WebLinkAbout1984-03-13; City Council; Resolution 75321
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RESOLUTION NO. 7532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SITE DEVELOPMENT PLAN 83-10 FOR A 50 UNIT
APARTMENT PROJECT CONTAINING A MINIMUM OF 25%
LOW AND MODERATE INCOME UNITS ON 1.49 ACRES OF
PROPORTY GENERALLY LOCATED ON THE NORTH SIDE OF
PINE AVENUE, IMMEDIATELY WEST OF THE AT & SF
RAILROAD.
APPLICANT: PINE STREET APARTMENT COMPLEX
SDP 83-10.
WHEREAS on January 25, 1984, the Carlsbad Planning
Commission adopted Resolution No. 2243 approving SDP 83-10; and
WHEREAS, the City Council of the City of Carlsbad, on
February 21, 1984 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Site Development Plan No. 83-10; and
WHEREAS, the Land Use Planning Manager and the Planning
Commission have determined that the amendment will not have any
significant impacts on the environment and a Negative Declaratior
dated January 9, 1984 has been prepared, filed and approved by
the Planning Commission on January 25, 1984 in satisfaction of
the requirements of the City of Carlsbad Environmental Protectioi
Ordinance of 1980 and the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2243 constitute the findings of the City Council
in this matter.
C. That Site Development Plan No. 83-10 together with
the provisions for its design and improvement and subject to the
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conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Site Development Plan No. 83-10 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2243, dated
January 25, 1984 marked Exhibit A, attached hereto and made a
part hereof, with the addition of the following condition:
"30. The City shall conduct a study to determine the need for a sidewalk. If, based upon the study, the Citj Council determines that a sidewalk is necessary along the railroad right of way the developer will construct the sidewalk.
PASSED, APPROVED AND ADOPTED at ahegular meeting of
the City Council of the City of Carlsbad, California, held on
the 13th day of , 1984, by the following
adjourned
vote, to wit:
AYES:
NOES : None
ABSENT: None
Council Mrs Casler, Lewis, Kulchin, Chick and Prescott
I MARY H. FASLER, Mayor
ATTEST :
ALETHA L. RAUTmKRANZ, Citg Clerk
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PLANNING COMMISSION RESOLUTION NO. 2243
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN NO. 83-10, TO ALLOW DEVELOPMENT OF A
FIFTY UNIT APARTMENT PROJECT ON 1.49 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PINE AVENUE, IMMEDIATELY WEST OF THE AT & SF RAILROAD. APPLICANT: PINE STREET APARTMENT COMPLEX CASE NO: SDP 83-10
WHEREAS, a verified application 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 Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal code,
the Planning Commission did,.on the 25th day of January, 1984,
consider said request on property described as:
The Northeasterly 159 feet of Tract 99 of Carlsbad Lands,
in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1661, filed in the Office of the County Recorder of San Diego, March
1, 1915.
EXCEPTING THEREFROM THE Northwesterly 212 feet.;
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to Site
Development Plan No. 83-10.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(8) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of SDP 83-10, based on the following findings and subject to the following conditions:
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pind ing s : . The density of the project is consistent with the RVH General Plan designation and RD-H zone.
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 pro- posed.
The project is consistent with all City public facility pol- icies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council
finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may 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.
The Carlsbad School District has written a letter, dated January 24, 1984, 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 appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will
be available concurrent with need as required by the general plan.
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan.
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;) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on January 9, 1984 and approved by the Planning Commission on January 258 1984.
:ond it ions :
Approval is granted for SDP 83-10, as shown on Exhibits "A",
"B" and "C", dated January 25, 1984, incorporated by reference and on file in the Land Use Planning Office. Development
shall occur substantially as shown unless otherwise noted in these conditions,
This project is approved upon the express condition that building permits shall not be approved unless the City Council finds as of the time of such approval that sewer service is
available to serve the development.
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 project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with
the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated November 22, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void,
The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council.
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,and Use Planning
The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior .to the issuance of building permits.
The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building permits .
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs .
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. of said receptacles shall be approved by the Land Use Planning Manager .
All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director .
Location
Approval of SDP 83-10 is granted subject to approval of
GPA/LU 83-20, ZC-297 and V-352.
The developer shall enter into an agreement, Exhibit "2" attached, dated January 25, 1984 to provide for low and
moderate income housing, prior to the issuance of building permits.
Approval of SDP 83-10 is granted subject to City vacation of
10 feet of existing right-of-way along the property frontage along Pine Avenue. City to vacate this area. If the City chooses not to vacate, this SDP 83-10 is not approved.
The developer shall install a view-obscuring fence along the western and northern property lines. This fence shall be constructed of masonry block, brick stucco or a combination thereof subject to the approval of the Land Use Planning Manager .
This condition shall in no way bind the
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Engineering
The gra ing for this project is defined as "controlled grad- ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11 -06 of the
Carlsbad Municipal Code,
No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties,
Prior to the issuance of a grading permit, the haul route shall be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer,
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map.
The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results.
Improvements including, but not limited to, the following items shall be installed by the developer and approved by the City Engineer prior to occupancy of any unit in the,
development. The installation of said improvements shall be guaranteed by a secured agreement obtained by the developer in an amount and of a type required by the Carlsbad Municipal Code prior to the issuance of a Building Permit for any portion of the project. To wit:
a) Complete half-street improvements on the northerly side of Pine Street plus a 12 foot wide lane on the southerly side of Pine Street. -
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b) Street lighting.
c ) Temporary turn-around .
d) Street trees.
ire -
6) A fire hydrant, conforming to applicable City standards, shall be provided adjacent to the westerly driveway entrance. Additional public and/or onsite fire hydrants shall be required if deemed necessary by the Fire Marshall.
7) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
8) Fire retardant roofs shall be required on all structures.
9) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
lanning Commission of the City of Carlsbad, California, held on
he 25th day of January, 1984, by the following vote, to wit:
AYES : Chairman Rombotis, Commissioners Rawlins, Marcus, Lyttleton and Smith.
NOES : None .
ABSENT: Commissioner Farrow.
ABSTAIN: Commissioner Schlehuber.
OTIS, Chairman
(~LSBAD PLANNING COMMISSION
.TTEST:
AND USE PLANNING MANAGER
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