HomeMy WebLinkAbout1985-05-08; Planning Commission; Resolution 2432.. '. e 0
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PLANNING COMMISSION RESOLUTION NO. 2432
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROTTING A.
PLANNING COMMISSION DETERMINATION TO ALLOW A 24-
UNIT APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF GIBRALTER STREET,
SOUTH OF SAN MARCOS CANYON.
APPLICANT: LA COSTA GIBRALTER
CASE NO: PCD-81
WHEREAS, a verified application for certain property
wit:
Lots 383 and 384 of La Costa South, Unit No. 5, in t
City of Carlsbad, County of San Diego, Map 6600, fil
the office of the County Recorder, March 10, 1970,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a req
as provTded by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 8th day
May, 1985, consider said request; and
WHEREAS, at said hearing, upon hearing and consider
all testimony and arguments, if any, of all persons desiring
heard, said Commission considered all factors relating to the
Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the hearing, the
mission APPROVES PCD-81, based on the following findings
subject to the following conditions:
Findings:
1) The project's density of 24.4 du/ac can be justified for
following reasons:
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2)
a) Each unit possesses a good amount of light and air E
quality living environment.
b) The project is compatible with surrounding existing future development.
c) The project design and recreation facilities are ove
above that normally required of apartment projects.
d) Several of the units possess a view of the La Costa
Course.
The site is physically suitable for the type and densit1
the development since the site is adequate in size and E to accommodate residential development at the density pr posed .
3) The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured that building permits will not be approved unless the Cit Council finds that sewer service is available to ser project.
b) School fees will be paid to ensure the availability school facilities in the San Dieguito and Encinitas School District.
c) All necessary public improvements have been provided
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will be required as conditions of approval.
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4)
d) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti fee. Performance of that contract and payment of th
will enable this body to find that public facilities
be available concurrent with need as required by the general plan.
This project will not cause any significant environmenta:
impacts and a Negative Declaration has been issued by thl
Use Planning Manager on April 8, 1985 and approved by thl
Planning Commission on May 8, 1985.
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Approval is granted for PCD-81, as shown on Exhibits "A"
'IF", dated April 22, 1985, incorporated by reference and
file in the Land Use Planning Office. Development shall
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 Engineer finds as of the time of such approval that sewe
service is available to serve the project.
This project is approved upon the express condition that
applicant shall pay a public facilities fee as required
City Council Policy No. 17, dated April 2, 1982, on file 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 Decl
27, 1984, is on file with the City Clerk and incorporate1 herein by reference. If said fee is not paid as promise'
this application will not be consistent with the General and approval for this project shall be void.
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4) The applicant shall provide school fees to mitigate cond
of overcrowding as part of building permit application.
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fees shall be based on the fee schedule in effect at the
ordinances in effect at time of building permit issuance, 17
sections of the Zoning Ordinance and all other applicable
5) Approval of this request shall not excuse compliance wit1 16
of building permit application.
18 6) Water shall be provided to this project pursuant to the I Service agreement between the City of Carlsbad and the Cc
Real Water District, dated May 25, 1983. 19
~ I zO,Land Use Planning Conditions:
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7) The applicant shall prepare a reproducible mylar of the j site plan incorporating the conditions contained herein.
site plan shall be submitted to and approved by the Land
Planning Manager prior to the issuance of building permit :: 1) The applicant shall prepare a detailed landscape and irri
tion plan which shall be submitted to and approved by the
Use Planning Manager prior to the issuance of building
permits. 25
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1 C RES0 NO. 2432 -3-
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9) All landscaped areas shall be maintained in a healthy ar thriving condition, free from weeds, trash, and debris.
10) Any signs proposed for this development shall be design€ conformance with the City's Sign Ordinance and shall reed
review and approval of the Land Use Planning Manager pri
installation of such signs.
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11) Trash receptacle areas shall be enclosed by a six-foot k:
masonry wall with gates pursuant to City standards. Loc
of said receptacles shall be approved by the Land Use P1
Manager. Trash enclosures shall not be located in the 1
storm drain easement.
12) All roof appurtenances, including air conditioners, shal architecturally integrated and concealed from view and t sound buffered from adjacent properties and streets, pur to Building Department Policy No. 80-6, to the satisfact
the Land Use Planning Manager and Building and Planning
Director.
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14)
Building identification and/or addresses shall be placed
all new and existing buildings so as to be plainly visib
from the street or access road: color of identification
addresses shall contrast to their background color.
If any condition for construction of any public improveml
or facilities, or the payment of any fees in lieu thereo
imposed by this approval or imposed by law on this projel
challenged, this approval shall be suspended as provided
Government Code Section 65913.5. If any such condition
determined to be invalid this approval shall be invalid
the City Council determines that the project without the
condition complies with all requirements of law.
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15) If Building Permits are not issued within one year from date of project approval, this resolution will be null a: void.
2o 16) The use of turf block shall not be permitted. Areas mar]
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for turf block on the site plan shall be paved to the
satisfaction of the City Engineer.
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17) This project is approved upon the express condition that
building permits will not be issued for development of tl
subject property unless the City Engineer determines thai
sewer capacity is available at the time of application fc
such permits and will continue to be available until time
occupancy.
18) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
PC RES0 NO. 2432 -4-
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21)
The grading for this project is defined as "controlled g
ing" by Section 11.06.170(a) of the Carlsbad Municipal C Grading shall be performed under the observation of a ci
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 th
Engineer and verify Compliance with Chapter 11.06 of the
Carlsbad Municipal Code. During initial grading soil ty
conditions and design parameters exposed by all backcuts for retaining walls shall be mapped in detail by a certi Engineering Geologist to confirm the stability of the ex
slope and to make recommendations for remedial measures
adverse conditions are encountered. The geologist shall
submit a written report of his findings and rcommendatio
subject to the satisfaction of the City Engineer prior t
commencement of further grading on the site.
The grading plan shall incorporate all recommendations o
reports submitted February 18, 1985, April 12, 1985 and ,
21, 1985 by Owen Geotechnical in addition to soil parame.
for retaining walls and foundations to be submitted by a
certified Engineering Geologist and approved by the City
Engineer in compliance with Condition 18.
Upon completion of grading, the developer shall insure tl
"as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show a11 the geology a: exposed by the grading operation, all geologic correctivc measures as actually constructed and must be based on a (
tour map which represents both the pre and post site grac
This plan shall be signed by both the soils engineer and
engineering geologist. The plan shall be prepared on a I
or similar drafting film and shall become a permanent rec
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22) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owner:
the affected properties.
23) A separate grading plan shall be submitted and approved E separate grading permit issued for the borrow or disposal
if located within the city limits.
24) All slopes within this project shall be no steeper than 2
25) Prior to hauling dirt or construction materials to any
proposed construction site within this project the develc
shall submit to and receive approval from the City Engine for the proposed haul route. The developer shall comply
all conditions and requirements the City Engineer may imp with regards to the hauling operation.
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PC mS0 NO. 2432 -5-
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The developer shall exercise special care during the
construction phase of this project to prevent any off-sj
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/deter
basins of type, size and location as approved by the Cit
Engineer. The basins and erosion control measures shall
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer pri
the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the 2
served shall be protected by additional drainage facilit
slope erosion control measures and other methods require
approved by the City Engineer. The developer shall mair: the temporary basins and erosion control measures for a
of time satisfactory to the City Engineer and shall guar their maintenance and satisfactory performance through c
deposit and bonding in amounts and types suitable to the
Engineer.
Additional drainage easements and drainage structures sh
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City E neer .
The developer shall pay the current local drainage area
prior to issuance of any grading or building permit for
project or shall construct drainage systems in conforman$
with the Master Drainage Plan and City of Carlsbad Stand' as required by the City Engineer.
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29) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacen
property prior to issuance of any grading or building pe for this project.
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30) The drainage system shall be designed to ensure that run resulting from a 10-year frequency storm of 6 hours or 2. hours duration under developed conditions, is equal to 01 than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hol 24 hour storm durations shall be analyzed to determine tl: detention basin capacities necessary to accomplish the dc results. The brow ditch on the east property line shall
~ designed to handle present and future drainage from adjac
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24 31) Improvements listed in this section shall be installed 01 agreed to be installed by secured agreement by the develc
25 before the issuance of any building permit. The develope shall obtain approval of the plans from the City Engineer
26 pay all associated fees and performance guarantees prior issuance of any building permit. The developer shall ins
27 said improvements to the satisfaction of the City Enginec
prior to issuance of a Certificate of Occupancy or occupe
28 of any portion of the project for any purpose. The lmprovements are:
PC RES0 NO. 2432 -6 -
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1) Driveways
2) Public facilities fronting the project that are dama
3) Street Trees
4) Street Lights
or otherwise unacceptable
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32) Unless a standard variance has been issued, no variance
City Standards are authorized by virtue of approval of t
site plan.
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33) The developer shall comply with all the rules, regulatio
design requirements of the respective sewer and water ag
regarding services to the project.
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 be
signed and sealed on their first page. Additionally the
sheet of each set of plans shall have the following certificate:
"DECLARATION OF PIESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over t
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 my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address :
City, st. :
Telephone:
BY (Name of Engineer) Date:
R.C.E. NO. #
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1 35) The developer shall provide the City with a reproducible copy of the site plan as approved by the Planning Commis
The site plan shall reflect the conditions of approval I:
City. The plan copy shall be submitted to the City Engi
prior to improvement plan submittal and shall be 24" x C
size and of a quality and material satisfactory to the C
Engineer.
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5 36) Prior to the approval of any grading or building perrnitE
this project, the owner shall give written consent to tl-
6 annexation of the area shown within the boundaries of th
plan into the existing City of Carlsbad Street Lighting
7 Landscaping District No. 1.
8 37) Concrete terrace drains on the property are receiving
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drainage from adjacent properties. The property owner s
maintain drains on this site in good working order.
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38) Prior to the issuance of building permits, complete buil 11
Fire Department
plans shall be submitted to and approved by the Fire
Department.
13 39) Additional public and/or on site fire hydrants shall be
showing locations of existing and proposed fire hydrants 15
40) The applicant shall submit two (2) copies of a site plan l4
provided if deemed necessary by the Fire Marshal.
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partment. key operated override switch, as specified by the Fire D 17
41) Proposed security gate systems shall be provided with "K l6
on site roads and drives to the Fire Marshal for approva
42) All private driveways shall be kept clear of parked vehi at all times, and shall have posted "No Parking/Fire Lan
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic
Code.
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prior to construction.
project shall be submitted to the Fire Department for ap] 25
automatic sprinklers, and other systems pertinent to the 45) All fire alarm systems, fire hydrants, extinguishing sysl 24
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44) Brush clearance shall be maintained according to the 22
43) Fire retardant roofs shall be required on all structures
specifications contained in the City of Carlsbad Landscal
Guidelines Manual.
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1 46) Building exceeding 10,000 sq.ft. aggregate floor area sk
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sprinklered or have four-hour fire walls with no openins
less) areas. therein which shall split the building into 10,000 sq. ft
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Planning Commission of the City of Carlsbad, California, helc 4
PASSED, APPROVED AND ADOPTED at a regular meeting oJ
5 the 8th day of May, 1985, by the following vote, to wit:
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AYES : Chairman Farrow, Commissioners: Schlehuber
L' HeUreux, Marcus, McFadden, Smith and Rombotis.
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NOES : None.
ABSENT : None.
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ABSTAIN: None.
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'L,;$?& </e ,.._ < .-. " - !>I*, ,(TG : .& ..,.. /i;L
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l4 ATTEST :
VERNON J. FARROW, JR., Chair
CARLSBAD PLANNING COMMISSION
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LAND USE PLANNING MANAGER
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