HomeMy WebLinkAbout1985-06-26; Planning Commission; Resolution 2455,
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1 PLANNING COMMISSION RESOLUTION NO. 2455
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDXENT TO SITE
DEVELOPMENT PLAN NO. 84-3, TO ALLOW DEVELOPMENT OF 195
APARTMENT UNITS ON 9 -594 ACRES ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL AND
FUTURE ELM AVENUE.
APPLICANT: RISING GLEN
CASE NO.: SDP 84-3(A)
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WHEREAS, a verified application has been filed with the
City of Carlsbad, and referred to the Planning Commission; and a
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WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
FJHEREAS, the Planning Commission approved Site Development
Plan SDP 84-3 with Resolution No, 2285, dated April 25, 1984; and
WIIEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission on the 26th day of June, 1985, considered. a
modification to approved Site Development Plan 84-3, on property
described as:
Lot 74 of Carlsbad Tract 83-20 being a portion of Lot J of
Rancho Agua Hedionda, in the City of Carlsbad according to
Partition Map 823 on file in the Office of the County
Recorder of San Diego County,
19 I WHEREAS, at said hearing, upon hearing and considering all
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testimony and arguments, if any, of all persons desiring to be
B) That based on the evidence presented at the hearing, the 26
A) That the above recitations are true and correct. 25
Commission of the City of Carlsbad as follows: 24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23
Development Plan No. 84-3(A). 22
heard, said Comm.ission considered all factors relating to Site
Commission recommends APPROVAL of SDP 84-3(A), based on the
27 following findings and subject to the following conditions:
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1 Findings:
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1) The project is consistent with the City's General Plan since
the proposed density of 19.7 du's/acre is within the density
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range of 10-20 du' s/acre specified for the site as indicated on
density of the development since the site is adequate in size 6
grading, the site is physically suitable for the type and
2) As conditioned to mitigate the environmental concerns regarding 5
the land use element of the General Plan.
3) The project is consistent with all city public facility pol- 8
proposed. 7
and shape to accommodate residential development at the density
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icies and ordinances since:
a) The Planning Comission has, by inclusion of an appropriate
condition to this project, ensured t'nat 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.
l5 I b) The Carlsbad School District has written a letter, dated
March 15, 1984, stating that school facilities will be
available to this project.
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c) Park-in-lieu fees are required as a condition of approval.
d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) 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.
l) The proposed project is compatible with the surrounding future
land uses since surrounding properties to the north, west and
south are designated for residential development on the general
plan and El Camino Real separates this property from office use
to the east.
5) The proposed project complies with the standards of the RDM-Q
zone.
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1 5) This project will not cause any significant environmental
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6 1) Approval is granted for SDP 84-3(A), as shown on Exhibits "A"
7 - ''I", dated May 6, 1985, incorporated by reference and on file
in the Land Use Planning Office. Development shall occur
8 substantially as shown unless otherwise noted in these
conditions.
9 2) No building permits shall 'be issued for this project prior to
impacts and a Notice of Prior Compliance has been issued by the
Land Use Planning Manager on June 3, 1985 and approved by the
Planning Commission on June 26, 1985.
7) This project is consistent with the "El Camino Real Development
Standards" plan.
Conditions:
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11 3) This project is approved upon the express condition that
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14 4) This project is approved upon the express condition that the
15 applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the
16 City Clerk and incorporated herein by reference, and according
to the agreement executed by the applicant for payment of said
17 fee, a copy of that agreement, dated February 8, 1985, is on
file with the City Clerk and incorporated herein by reference.
18 If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this
final map approval for CT 83-20.
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.
19 project shall be void.
20 1) 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. a: ) 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.
) This approval shall become null and void if building permits 24
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of project approval.
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8) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
9 ) The applicant shall prepare a reproducible mylar of th,e final I
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.
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10) The applicant shall prepare a detailed landscape and irrigation
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12) All landscaped areas shall be maintained in a healthy and 9
11) All parking lot trees shall be a minimum of 15 gallons in
plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
size.
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l3 14) Trash receptacle areas shall be enclosed by a six-foot high
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thriving condition, free from weeds, trash, and debris.
13) 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.
masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning
Manager.
15) All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to auilding Department Policy No. 80-6, to the satisfaction of
l8 I/ the Land Use Planning Manage; and Building and Planning Director.
I' 16) The project shall provide bus stop facilities at locations
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subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench,
free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District.
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new and existing buildings so as to be plainly visible from the street or access road: color of identification and/or addresses
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8) Prior to occupancy of any units, the applicant shall construct ' 26
shall contrast to their background color.
a directory sign at the entrance to the project. The desiqn of
this sign shall be approved by the Land Use Planning Manager, 281 C RES0 NO. 2455 -4 -
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19) If any condition for construction of any public improvements o facilities, or the payment of any fees in lieu thereof, impose by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the condition complies with all requirements of law.
20) Grading for this project shall be done concurrently with the grading for the single family subdivision portion of this project located on the south side of Elm Avenue.
Engineering:
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commencement of any clearing or grading of the site. ~
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The grading for this project is defined as "controlled grading"
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 ensure 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.
Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
No grading shall occur outside the limits of the project unless
a letter of permission is obtained from the owners of the affected properties.
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.
Prior to hauling dirt or construction materials to any proposed
construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the hauling operation.
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The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer, The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities, ~ slope erosion control measures and other methods required or ~ approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period ~
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineer,
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 ,
13 30) The developer shall pay the current local drainage area fee
issuance of any grading or building permit for this project or
14 shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the
15 City Engineer,
16 31) The owner of the subject property shall execute a hold harmless
agreement regarding drainage across the adjacent property prior
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32) 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.
33) The developer sha.11 make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan, The offer shall be made
prior to issuance of any building permit for this project. All
land so offered shall be granted to the City free and clear of
a11 liens and encumbrances and without cost to the City,
Streets that are already public are not required to be rededicated.
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PC RES0 NO. 2455 -6-
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Full street grading, 28 foot paved section, storm drains and
appurtenances thereto, full right-of-way and slope easements t secondary arterial standards for Elm Avenue from its existing
terminus east of Donna Drive to the westerly line of the
development shall De bonded for prior to the approval of the final map for CT 83-20 and installed at a time as deemed necessary by the City Engineer, however, these improvements must be installed prior to occupancy of the 121st unit. 1 a) Prior to the approval of the final map for CT 83-20 the I City Council may approve an alternative plan to provide for
the financing of the dedication and improvement of Elm Avenue. The City Council will consider any proposals from the developer in that regard. Alternatives may include but
are not limited to, an assessment district, or major
thoroughfare reimbursement district. In making their
decision on an alternative financing plan the City Council
may modify the requirements of Condition No. 34 without further public hearings. If alternative arrangements satisfactory to the City Council for the financing of Elm Avenue are not approved and completed prior to the approval of the final map for CT 83-20 then the developer shall comply with the requirements of Condition No. 34.
Approval of SDP 84-3(A) is granted subject to City vacation of a portion of existing right-of-way along the project's frontag of El Camino Real. This condition shall in no way bind the City to vacate this area. No building permit shall be issued for this proejct until the abandonment procedure is complete.
If the City chooses not to vacate said portion of El Camino
Real, this approval will no longer be valid. If this approval is no longer valid because the City chooses not to vacate and sell said portion of El Camino Real, the developer shall retain the right to utilize previously approved SDP 84-3.
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Direct access rights for all lots abutting El Camino Real shall
be waived on the final map for CT 83-20. Access on Elm Avenue shall be limited to one double throat driveway approach as shown on the site plan.
Improvements listed in this section shall be installed or
agreed to be installed by secured agreement by the developer
before the issuance of any building permit. The developer
shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of
any portion of the project for any purpose. The improvements
are:
a) Public facilities fronting the project that are damaged or otherwise unacceptable
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@ne-half street irnprovem-ents to prime arterial standards for the portion of El Camino Real that fronts the project,
including full median and median landscaping to the
satisfaction of the City Engineer
Full width street improvements on Elm Avenue from centerline of El Canino Real to the westerly boundary of this project, SDP 84-3(A).
Offsite street improvements on Elm Avenue as detailed in
Condition No. 34.
Storm Drains
Water Street trees Street lights Sewer
Sidewalks Curb and gutters
Wheelchair ramps
38) Curvilinear sidewalk design near the corner of Elm and El
Camino Real is specifically not approved. All sidewalk shall
be located within the street right-of-way adjacent to the curb.
39) Landscaping and facilities on the northeast corner of Elm
Avenue and El Camino Real shall conform to AASHTO site distance requirements.
40) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
41 ) The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private
streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend,
"PRIVATE STREET BEYOND THIS POINT, right to pass revocable to non-tenants at anytime" at the access point to private streets from public streets. The script on the sign shown above shall
be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20
feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project,
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23 42) The developer shall comply with all the rules, regulations and
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regarding services to the project. 24 design requirements of the respective sewer and water agencies
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 26 all times, and shall have posted "NO Parking/Fire Lane Tow Awa
43) All private driveways shall be kept clear of parked vehicles a 1
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44) Some improvements shown and/or required by these conditions ar
located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquistion of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code, unless an alternative method of financing and constructing the required improvements is approved by the City Council.
45) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signe and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
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"DECLARATION OF RESPONSIBLE CHARGE"
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I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
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only and does not relieve me, as Engineer of Work, of my 14
I understand that the check of project drawings and
(Name, Address and Telephone of Engineering firm) 15
specifications by the City of Carlsbad is confined to a review
responsibilities for project design.
l6 I! Firm:
IT /I Address: I
18 I1 City, St.: I
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BY Date:
(Name of Engineer)
R.C.E. NO. #
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:6) The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission.
The site plan shall reflect the conditions of approval by the
City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal.
:7) Prior to approval of any grading or building permits for this
project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1.
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48) Fill slopes and landscaping as shown on plans fronting Elm
within 400 feet of the driveway are specifically not approved where sight distance design standards are violated, The following note shall appear on the landscaping and grading plans: "A 400 foot sight distance shall be maintained per
AASEITO standards adjacent to the driveway on Elm Avenue",
49) The developer shall place the following notes on the site
development plan:
Geotechnical Caution:
1 ) "The possible existence of ancient landslides and/or mudflows within the boundaries of this subdivision has been noted in the Environmenta.1 Impact Report for this
project , I'
with the possible landslides and/or mudflows have been required as a condition of approval for the site
development plan for this project."
3) "The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance."
The developer shall execute a hold harmless agreement
regarding any damage and/or claims that may arise through
any geological failure and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction operation or maintenance.
2) "Mitigation measures to alleviate the hazards associated
50) Prior to issuance of a Grading Permit the developer shall
submit a detailed geologic investigation in accordance with
the policies, guidelines and action programs of the Geologic
and Seismic Safety Element of the General Plan. The developer
shall submit such additional data as may be required by the City Engineer.
51 ) For areas below the 200 foot contour line the developer shall
perform renedial grading that consolidates and stabilizes any
saturated and/or poorly compacted collovium/alluvium soils,
The remedial grading shall, as a minimum, include removal,
moisture adjustment replacing and recompaction of said soils
and the installation of a subdrain system.
52) Approval of SDP 84-3(A) is subject to all conditions of
approval contained in CT 83-20.
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Fire Department:
53) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
54) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal. I
6 55) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
7 onsite roads and drives to the Fire Marshal for approval.
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An all-weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
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.
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identified in the City of Carlsbad "Landscape Guidelines 16
59) The El Canino Real median shall be landscaped and provided with 15
Parks and Recreation:
in accordance wit3 the criteria identified in the "Landscape 18
an irrigation system in accordance wit'n the standards
Manual".
60) The developer shall submit an "Open Space Maintenance Program"
19 I Guidelines Manual'' to t'ne satisfaction of the Parks and
Recreation Director prior to issuance of Building
Permits.
2o bl.) Additional recreation areas shall be developed wherever
possible to the satisfaction of the Land Use Planning Manager,
prior to issuance of any building permits. 21
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
211Planning Commission of the City of Carlsbad, California, held on
3//the 26th day of June, 1985, by the following vote, to wit:
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AYES : Chairman Schlehuber, Commissioners: L'Heureux,
Marcus, Smith, Rombotis and Hall.
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NOES : Commissioner McFadden.
ABSENT : None.
ABSTAIN : None. a
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CLARENCE SCHLEHUBER, Chairman
I.1 I. CARLSBAD PLANNING COMMISSION
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