HomeMy WebLinkAbout1985-07-24; Planning Commission; Resolution 2463I 0 0
I /I PLANNING COMMISSION RESOLUTION NO. 2463 1
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REQUEST TO CONSTRUCT A
TWELVE UNIT APARTMENT PROJECT WITH A DENSITY OF 15.2
DU'S/AC ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
LUCIERNAGA STREET BETWEEN CORINTIA STREET AND EL FUERTE
STREET.
APPLICANT: BUENA VISTA APARTMENTS
CASE NO. : PCD-84 I 6
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WHEREAS, a verified application for certain property to
wit: a
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Lot 395 of La Costa Neadows, Unit No. 2 in the City of
Carlsbad, County of San Diego, according to Map 6905 filed in the Office of the County Recorder of San Diego on April
21, 1971,
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Planning Commission; and 12
has been filed with the City of Carlsbad and referred to the
as provided by Title 21 of the Carlsbad Municipal Code; and 14
WHEREAS, said verified application constitutes a request 13
15 WHEREAS, the Planning Commission did, on the 24th day of
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July, 1985, consider said request; and
Planning Commission Determination; and 20
heard, said Commission considered all factors relating to the 19
testimony and arguments, if any, of all persons desiring to be 18
WHEREAS, at said hearing, upon hearing and considering all
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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1) The project is consistent with the City's general plan since 27
Findings: 26
findings and subject to the following conditions: 25
B) That based on the evidence presented at the public hearing, 24
A) That the above recitations are true and correct. 23
Commission as follows:
the proposed density of 15.2 du's/acre is within the density
28 range of 10-20 du's/acre specified for the site as indicated 01:
the land use element of the general plan.
the Commission APPROVES PCD-84, based on the following
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2) The project slightly exceeds the mean density established for the RMH General Plan designation by City Council Policy 7872, however, due to the small size of the project it will not significantly increase traffic congestion in the area.
3) 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 proposed.
4) The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate
condition to this project, insured building permits will
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 satisfiel 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.
b) The San Marcos School District has written a letter, dated
June 28, 1985, stating that school facilities will be available to this project.
c) All necessary public improvements have been provided or
will be required as conditions of approval.
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d) 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.
e) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
2o 5) The proposed project is compatible with the surrounding future
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land uses since surrounding properties are designated for
residential development on the general plan.
6) The proposed project complies with all the requirements of the
Carlsbad Zoning Ordinance as discussed in the staff report.
7) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land use Planning Manager on July 1, 1985 and approved by the Planning Commission on July 24, 1985.
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1 Conditions:
1 ) Approval is granted for PCD-84, as shown on Exhibits "A" - "E", 2 dated June 14, 1985, incorporated by reference and on file in
3 the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 4
2) This project is approved upon the express condition that 5 building permits will not be issued for development of the
6 subject property unless the City Engineer determines that sewe facilities are available at the time of application €or such
7 sewer permits and will continue to be available until time of
occupancy. I
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This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Cit 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 March 15, 1985, is on fil
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 conditionf
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.
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l6 5) Approval of this request shall not excuse compliance with all
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l8 6) This approval shall become null and void if building permits
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2o 7) Water shall be provided to this project pursuant to the Water
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22 8) The applicant shall prepare a reproducible mylar of the final
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sections of the Zoning Ordinance and all other applicable City ~
ordinances in effect at time of building permit issuance.
are not issued for this project within one year from the date
of project approval.
Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
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.
9) The applicant shall prepare a detailed landscape and irrigatio
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
At least 25% of the trees shown on the landscape plan shall be
24" - 48" box specimens.
28 10) All parking lot trees shall be a minimum of 15 gallons in
size. 11 PC RES0 NO. 2463 -3-
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1 11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
2 12) Any signs proposed for this development shall be designed in
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installation of such signs. 4
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to
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Trash receptacle areas shall be enclosed by a six-foot high I
masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager.
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 Building Department Policy No. 80-6, to the satisfaction of
the Land Use Planning Manager and Building and Planning Director.
11 15) Building identification and/or addresses shall be placed on a1
new and existing buildings so as to be plainly visible from th
shall contrast to their background color. 12
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street or access road; color of identification and/or addresse:;
17) If any condition for construction of any public improvements 0:
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a directory sign at the entrance to the project. The design 0. 14
16) Prior to occupancy of any units, the applicant shall construct
facilities, or the payment of any fees in lieu thereof, impose1 16 by this approval or imposed by law on this project are
Government Code Section 65913.5. If any such condition is
the City Council determines that the project without the
this sign shall be approved by the Land Use Planning Manager.
17 challenged this approval shall be suspended as provided in
18 determined to be invalid this approval shall be invalid unless
19 condition complies with all requirements of law.
20 Engineering:
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18) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
19) 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.
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PC RES0 NO. 2463 -4- 28
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20) No grading shall occur outside the limits of the project unle a letter of permission is obtained from the owners of the
affected properties. I
21) Prior to hauling dirt or construction materials to any propos
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. t I
22) The slope along the front of this project (adjacent to
Luciernaga Street) and the slope on the easterly side shall be
regraded to provide a maximum of 2: 1 slope. The side slope
shall also include a 3' wide bench drain behind the garage and recreation room structure.
23) The rear slope, shall remain as previously graded, however,
the developer shall re-plant (native drought tolerant
species) as approved by Parks and Recreation and shall clean
and reconstruct the brow ditch system easterly to the nearest storm drain inlet.
24) The sight distance at the driveway on Luciernaga Street shall
exceed the City of Carlsbad minimum standard.
25) This project shall drain directly into the storm drain on
Luciernaga Street. An approved cleanout shall be incorporate(
into the design for this system.
26) 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
any portion of the project for any purpose. The improvements are:
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a) The complete drainage system and circulation system I
b) Replacement curb/gutter and sidewalk c) Proposed access
d) Irrigation system, as required.
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The developer shall construct private street accesses to publ:.( 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.
Unless a standard variance has been issued, no variance from City Standards are authorized by virtue of approval of this site plan.
The developer shall comply with all the rules, regulations anc
design requirements of the respective sewer and water agencies
regarding services to the project.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by thc Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signt and sealed on their first page. Additionally the first sheet 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 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.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a revie1 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 Date: (Name of Engineer)
R.C.E. NO. #
RES0 NO. 2463 -6-
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Developer shall, prior to final map approval, enter into an
agreement with the City for the developer to pay a traffic impact fee for developer's share of mitigating anticipated future traffic problems at and near the intersection of El
Camino Real and Olivenhain Road, and at and near the
intersection of El Camino Real and La Costa Avenue. The
interim fees to be collected, at the time of building permit
issuance, shall not exceed $250 per single family housing unit,
nor $200 per multiple family housing unit. The amount of such fees shall be determined by the City Council based on an area traffic impact study to be undertaken by the City and conclude within six months after approval of applicant's tentative trac
map D \
I 1 Fire Department:
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32) prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
I.1 il 33) Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal.
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34) The applicant shall submit two (2) copies of a site plan ~
showing locations of existing and proposed fire hydrants and 01
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35) All required fire hydrants, water mains and appurtenances shall I.4
site roads and drives to the Fire Marshal for approval.
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36) All fire alarm systems, fire hydrants, extinguishing systems, l6
located on the project site. be operational prior to combustible building materials being 1
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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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1 /I PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 24th day of July, 1985, by the following vote, to wit: 2
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AYES: Chairman Schlehuber, Commissioners : L' Heureux,
NOES : None.
Marcus, McFadden, Smith, Rombotis & Hall.
Ii ABSENT: None.
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ABSTAIN : None.
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CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMM.ISSION
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13 LAND USE PLANNING MANAGER
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