HomeMy WebLinkAbout1984-11-28; Planning Commission; Resolution 2362'I I 0 e
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PLANNING COMMISSION RESOLUTION NO. 2362
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 10 UNIT TENTATIVE TRFiCT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF ALTISMA WAY AND CARINGA WAY.
APPLICANT: BANK0 CONDOS
CASE. NO : CT 84-27/CP-295
I WHEREAS, a verified application for certain propert.
wit:
Lot 239 of La Costa Valley Unit No. 5 according to 1
thereof 5730 filed September 8, 1970, I 9
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has been filed with the City of Carlsbad, and referred to thc
Planning Commission; and
XI. II WHEREAS, said verified application constitutes a re( ~ ~~
12//as provided by Title 21 of the Carlsbad Municipal Code; and
13 11 WHEREAS, the Planning Commission did, on the 10th d(
14/(October, 1984 and on the 28th-day of November, 1984, hold a l
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noticed public hearing as prescribed by law, to consider sail
request; and
WHEREAS, at said public hearing, upon hearing and
181!considering all testimony and arguments, if any, of all persi
19 I desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Condominium Permit; ,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
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Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hear
25 the Commission hereby APPROVES CT-84-27/CP-295, based o following findings:
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Findings :
1) The proposed density of 14.55 du's/acre, within the den
range of 10-20 du's/acre specified for the site as indi on the land use element of the general plan does not me criteria for the 'nigher end of the density range as dis in the staff report.
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2) The site is physically suitable for the type and densii
the development since the site is adequate in size and to accommodate residential development at the density 1
posed.
3) The project is consistent with all City public facilit!
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured thai final map will not be approved unless the City COUI finds that sewer service is available to serve the project. In addition, the Planning Commission has
condition that a note shall be placed on the final
that building permits may not be issued for the prc
unless the City Engineer determines that sewer ser
available, and building cannot occur within the prc unless sewer service remains available, and the P1( Commission is satisfied that the requirements of tl public facilities element of the general plan have
met insofar as they apply to sewer service for thi:
project.
b) The San Marcos School District has written a lette:
June 26, 1984, stating that school facilities will
available to this project.
c) Park-in-lieu fees are required as a condition of a]
proval.
d) All necessary public improvements have been provid
will be required as conditions of approval.
e) The applicant has agreed and is required by the in
of an appropriate condition to pay a public facili fee. Performance of that contract and payment of will enable this body to find that public faciliti
be available concurrent with need as required by t
general plan, ,
~ f) Assurances have been given that adequate sewer for
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project will be provided by the City of Carlsbad.
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~ 4) The proposed project is consistent with the City's Pla
Development Ordinance and also complies with the Desig
Guidelines Manual.
5) This project will not cause any significant environmen
impacts and a Negative Declaration has been issued by
Use Planning Manager on September 11, 1984 and approve
Planning Commission on November 28, 1984.
~ //// : PC RES0 NO. 2362 -2-
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Conditions
1 ) Approval is granted for CT 84-27/CP-295, as shown on Ex'
"L", dated November 28, 1984, and Exhibit "Z" I da
November 28, 1984, incorporated by reference and on fill
the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these conditions.
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2) This project is approved upon the express condition tha final map shall not be approved unless the City Council as of the time of such approval that sewer service is available to serve the subdivision.
3) This project is approved upon the express condition tha building permits will not be issued for development of subject property unless the City Engineer determines th sewer facilities are available at the time of applicati such sewer permits and will continue to be available un
time of occupancy. This note shall be placed on the fi
map .
4) This project is approved upon the express condition tha
applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on fil
the City Clerk and incorporated herein by reference, an
according to the agreement executed by the applicant fo
payment of said fee, a copy of that agreement, dated Ju
1984, is on file with the City Clerk and incorporated h
by reference. If said fee is not paid as promised, thi application will not be consistent with the General Pla approval for this project shall be void.
5) The applicant shall pay park-in-lieu fees to the City,
to the approval of the final map as required by Chapter of the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitigate cor
of overcrowding as part of building permit application.
fees shall be based on the fee schedule in effect at tl-
of building permit application.
7) Approval of this request shall not excuse compliance wj
sections of the Zoning Ordinance and all other applicak ordinances in effect at time of building permit issuanc
8) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the
Real Water District, dated May 25, 1983.
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PC RES0 NO. 2362 -3- /I
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1 Land Use Planning Conditions
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The applicant shall prepare a reproducible mylar of the
site plan incorporating the conditions contained herein, site plan shall be submitted to and approved by the Lanc Planning Manager prior to the issuance of building perm:
The applicant shall establish a homeowner's association corresponding covenants, conditions and restrictions. $
CC&R's shall be submitted to and approved by the Land U:
Planning Manager prior to final map approval.
7 11) The applicant shall prepare a detailed landscape and ir*
tion plan which shall be submitted to and approved by t:
permits . a Use Planning Manager prior to the issuance of building
9 12) A 500' scale map of the subdivision shall be submitted
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Land Use Planning Manager prior to the recordation of t:
and adjacent to the project.
final map. Said map shall show all lots and streets wi
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13) All parking lot trees shall be a minimum of 15 gallons
thriving condition, free from weeds, trash, and debris. 14
14) All landscaped areas shall be maintained in a healthy a
size.
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15) Any signs proposed for this development shall be design
conformance with the City's Sign Ordinance and shall re review and approval of the Land Use Planning Manager pr installation of such signs.
16) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. Lo of said receptacles shall be approved by the Land Use P Manager .
17) All roof appurtenances, including air conditioners, sha architecturally integrated and concealed from view and sound buffered from adjacent properties and streets, pu to Building Department Policy No. 80-6, to the satisfac
the Land Use Planning Manager and Building and Planning
Director.
Engineering Conditions
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18) The developer shall obtain a grading permit prior to tk
commencement of any clearing or grading of the site.
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PC RES0 NO. 2362 -4-
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The grading for this project is defined as "controlled
ing" by Section 11.06.170(a) of the Carlsbad Municipal 1
Grading shall be performed under the observation of a c
engineer whose responsibility it shall be to coordinate
inspection and testing to insure compliance of the work the approved grading plan, submit required reports to t Engineer and verify compliance with Chapter 11-06 of th Carlsbad Municipal Code.
Upon completion of grading, the developer shall insure "as-graded" geologic plan shall be submitted to the Cit Engineer. The plan shall clearly show all the geology
exposed by the grading operation, all geologic correcti measures as actually constructed and must be based on a
tour map which represents both the pre and post site gr This plan shall be signed by both the soils engineer an engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent r'
No grading shall occur outside the limits of the subdiv
unless a letter of permission is obtained from the owne
the affected properties.
A separate grading plan shall be submitted and approved
separate grading permit issued for the borrow or dispos if located within the city limits.
All slopes within this project shall be no steeper than
Prior to hauling dirt or construction materials to any
proposed construction site within this project the deve
shall submit to and receive approval from the City Engi for the proposed haul route. The developer shall compl all conditions and requirements the City Engineer may i
with regards to the hauling operation.
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25) The developer shall exercise special care during the
construction phase of this project to prevent any off-s
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/dete
basins of type, size and location as approved by the Ci
Engineer. The basins and erosion control measures shal
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer pr
the start of any other grading operations. Prior to th removal of any basins or facilities so constructed the served shall be protected by additional drainage facili slope erosion control measures and other methods requir approved by the City Engineer. The developer shall mai the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall gua their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to th Engineer.
PC RES0 NO. 2362 -5-
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Additional drainage easements and drainage structures SI
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City 1
neer, including existing slopes within the project site
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of tl Engineer. Prior to approval of the final map, the Subd shall install, or agree to install and secure with apprc security as provided by law, improvements shown on the
tentative map and the following improvements to City St to the satisfaction of the City Engineer:
a) Driveway approach on Caringa Way
b) Removal and replacement of public facilities that a damaged during the construction of this project.
Prior to issuance of any permits for this project, the developer shall submit a detailed soils and engineering geology study of the project site and adjacent properti that may be affected or may affect the project. Subjec
the approval of the City Engineer, the grading and stru
design shall incorporate the conclusion and recommendat
of the study. The study shall be of content, detail an
scope to the satisfaction of the City Engineer. As a minimum, the study shall address the following items:
a. Site history
b. Existing soil condition
c. Number, depth, and location of subsurface investiga
d. Number, type, and applicability f laboratory tests e. Calculations (e.g.! surficial and rotational failur f. Suitability of design parameters for soils stabilit
(e.g., saturation depth) g. Construction design parameters (e.g., allowable bea pressures, increases for depth, lateral bearing pre - passive and active, coefficients of sliding, etc. h. Construction methods and specifications
i. Slope maintenance methods, including specific
recommendations for suitable vegetation
j. Remedial soil construction (e.g., buttress, soil additives, construction fabric, sub-surface drainag
benching, etc.)
k. Soil construction parameters (e.g., relative compac unsuitable materials removal, moisture adjustment,
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29) Prior to approval of a building permit for the pool, th
developer shall submit an engineering geologist's repor justifying the design of the pool and assuring slope stability if the pool membrane is ruptured.
30) The developer shall comply with all the rules, regulati
design requirements of the respective sewer and water E regarding services to the project.
PC RES0 NO. 2362 -6-
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31) The design of all private streets and drainage systems
be approved by the City Engineer prior to approval of tl final map for this project. The structural section of private streets shall conform to City of Carlsbad Standl
based on R-value tests. All private streets and drainat systems shall be inspected by the city, and the standarc improvement plan check and inspection fees shall be pail to approval of the final map for this project.
32) All private streets and drainage systems shall be maint,
by the homeowner Is association in perpetuity. This res,
sibility shall be clearly stated in the CC&R's.
33) All private driveways shall be kept clear of parked veh
at all times, and shall have posted "NO Parking/Fire La
Away Zone" pursuant to Section 17.04.040, Carlsbad Muni
Code.
34) All plans, specifications, and supporting documents for
improvements of this project shall be signed and sealed Engineer in responsible charge of the work. Each sheet
be signed and sealed, except that bound documents may bm signed and sealed on their first page. Additionally th skeet of each set of plans shall have the following
certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thi
project, that I have exercised responsible charge over design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a only and does not relieve me, as Engineer of Work, of m responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
~~~~
Address:
City, St. :
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
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PC RES0 NO. 2362 -7-
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35) The developer shall provide the City with a reproducible
copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the condit: approval by the City. The map copy shall be submitted i City Engineer prior to improvement plan submittal.
36) Approval of this tentative tract map shall expire twent: months from the date of City Council approval unless a : map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied discretion of the City Council. In approving an extens
the City Council may impose new conditions and may revi: existing conditions.
Fire Conditions
37) Additional public and/or on site fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
38) The applicant shall submit two (2) copies of a site pla;
showing locations of existing and proposed fire hydrant:
on site roads and drives to the Fire Marshal for approv(
39) All required fire hydrants, water mains and appurtenancc
shall be operational prior to combustible building mate,
being located on the project site.
40) Proposed security gate systems shall be provided with 'I:
key operated override switch, as specified by the Fire 1
partment.
41 ) Fire retardant roofs shall be required on all structure
42) All fire alarm systems, fire hydrants, extinguishing sy
automatic sprinklers, and other systems pertinent to th
project shall be submitted to the Fire Department for a, prior to construction.
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PC RES0 NO. 2362 -8-
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PASSED, APPROVED AND ADOPTED at a regular meeting 0:
Planning Commission of the City of Carlsbad, California, helc
the 28th day of November, 1984, by the following vote, to wi:
AYES: Chairman Rombotis, Commissioners Farrow,
Marcus, Schlehuber, McFadden, Smith and
L'Heureux.
NOES : None.
ABSENT : None.
ABSTAIN: None.
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