HomeMy WebLinkAbout1985-11-13; Planning Commission; Resolution 2515I 0 e
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PLANNING COMMISSION RESOLUTION NO. 2515
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVING A SITE DEVELOPMENT PLAN NO. 85-1 3, FOR AN 80 UNIT APARTMENT PROJECT ON PROPERTY
GENERALLY LOCATED NORTH OF THE INTERSECTION
OF TAMARACK AVENUE AND ELM AVENUE.
APPLICANT: PACIFIC SCENE
CASE NO: SDP 85-13
WHEREAS, a verified application has been filed with the
8 City of Carlsbad and referred to the Planning Commission; and
9 WHEREAS, said verified application constitutes a request
10 as provided by Title 21 of the Carlsbad Municipal Code; and
11 WHEREAS, pursuant to the provisions of the Municipal Code,
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consider said request on property described as: 13
the Planning Commission did, on the 13th day of November, 1985,
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A portion of Lot "J" of Rancho Agua Hedionda according to
Map 823 filed November 16, 1896;
WHEREAS, at said hearing, upon hearing and cornsidering all 1
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testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to Site
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20 Commission of the City of Carlsbad as follows:
21 (A) That the foregoing recitations are true and correct.
22 (B) That based on the evidence presented at the public hearing,
23 the Commission recommends APPROVAL of SDP 85-13, based on the following findings and subject to the following conditions:
Development Plan No. 85-13.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
24 14 Findin s: 25 1) The project is consistent with the City's General Plan since
range of 10-20 du's/acre specified for the site as indicated 26 the proposed density of 12.5 du's/acre is within the density
27 on the Land Use Element of the General Plan.
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2) 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.
3) 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, ensured 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
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. I
b) The Carlsbad School District has written a letter, dated
August 23, 1985, stating that school facilities will be available to this project.
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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.
4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for
residential development on the General Plan.
5) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on October 19, 1985 and recommended for
approval by the Planning Commission on November 13, 1985.
23 6) This project requires the construction of the improvements or
25 direct need for the improvements or facilities for the reasons of fees in lieu of construction, This project creates a 24 facilities listed in the conditions of approval or the payment
28 project consistent with City goals, policies and plans. adequate and appropriate service to future residents of the 27 improvements and facilities are necessary to provide safe, burden on existing improvements and facilities. Further, the 26 are not provided, the project will create an unmitigated
stated in the staff report. If the improvements or facilities
IPC RES0 NO. 2515 -2-
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7) This project is in conformance with the Calavera Hills Master Plan which designates this site for development with multi-
family units -
Conditions:
1 ) Approval is granted for SDP 85-13, as shown on Exhibits "Blr -
aI"r dated September 30, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
2 ) 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 note shall be placed on the final map -
3) 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
September 21, 1984, 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.
4) 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.
5) 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.
6) The applicant shall prepare a 24"x36" 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,
7) All parking lot trees shall be a minimum of 15 gallons in
size.
8) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris,
9) 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,
/PC RES0 NO. 2515 -3-
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10) Trash receptacle areas shall be enclosed by a six-foot high
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masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning
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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 .brand Use Planning Manager and Building and Planning
Director .
Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color.
10 13) Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design
Manager.
11 of this sign shall be approved by the Land Use Planning
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challenged, this approval shall be suspended as provided in 14
or facilities, or the payment of any fees in lieu thereof,
condition complies with all requirements of law. 16
determined to be invalid this approval shall be invalid unless 15
14) If any condition for construction of any public improvements
imposed 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
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Approval of SDP 85-13 is granted subject to approval of CT 85-
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The swimming pool in the common recreation area shall have a length of at least 45 feet. Barbeque facilities, tables and benches shall be added to the common recreation area.
Cement benches shall be located in each of the passive recreation areas.
Ground level patios shall be enlarged to the satisfaction of
the Land Use Planning Manager. The boundaries of these
patios shall be delineated by low walls or hedges.
A low screening wall shall be constructed between parking stalls and the buildings to prevent car headlights from
shining into ground level dwelling units. A heavy landscape screen may be substituted subject to approval of the Land Use Planning Manager.
27 19) Approval of this site development plan shall be valid for a period of two years from the date of approval. If building permits are not issued within this two year period this 28 approval shall become null and void.
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20) The northerly edge of the project shall be heavily landscaped to provide an adequate buffer between the apartment units and
the duplex units to the north,
21) If any condition for construction of any public improvements
or facilities, or the payment of any fees in lieu thereof,
imposed 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.
/\ENGINEERING CONDITIONS
22) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
23) The grading 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 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.
24) 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 con- tour 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.
25) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
26) 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.
27) All slopes within this project shall be no steeper than 2:l.
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'28) 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
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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 ,
9 30) The developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this
with the Master Drainage Plan and City of Carlsbad Standards
as required by the City Engineer.
10 project or shall construct drainage systems in conformance
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31) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit for this project.
32) The developer shall 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 by a Certificate on the Final Map for this
project. All land so offered shall be granted to the City
free and clear of all liens and encumbrances and without cost
to the City. Streets that are already public are not required
to be rededicated,
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133) Direct access rights for all lots abutting Harwich Drive shall be waived on the final map.
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34) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
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A) Harwich Avenue full width through Village L-1 and half- width, 28 feet of pavement in a 60 foot minimum right-of- way, through Village K to its intersection with Glasgow Drive. Glasgow Drive shall be constructed half width from its present northerly terminus to Harwich Drive along the frontage of Village E-2. This shall include sidewalk and curb adjacent to the park site. Elm Avenue
shall be constructed half width from its easterly
terminus to Glasgow Drive along the frontage of Village E- 2. This shall include sidewalk and curb adjacent to the park site. 11 PC RES0 NO. 2515 -6- i
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B) All sewer, water and drainage facilities to serve this subdivision.
C) "A" Street, half-street plus 12 feet wide, except where entire portion lies within the boundary of this subdivision, that portion will be full width (60').
D) Harwich Drive and "A" Street, offsite to complete a 90"
intersection (full width).
The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad Standards,
The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior
to occupancy of any buildings,
The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings,
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan,
The design of all private streets and drainage systems shall
be approved by the City Engineer prior to issuance of any
grading or building permit for this project, The structural section of all private streets shall conform to City of
Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees
shall be paid prior to issuance of any building or grading
permit for this project.
All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "NO Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code except in parking bays provided.
Some improvements shown on the tentative map and/or required by these conditions are 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 subdivider shall conform
to Section 20.16.095 of the Carlsbad Municipal Code.
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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 signed 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 review
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. #
4 6) The developer shall provide the City with a reproducible mylar
The site plan shall reflect the conditions of approval by the copy of the site plan as approved by the Planning Commission.
City. The plan copy shall be submitted to the City Engineer
prior to improvement plan submittal and shall be 24" x 36" in size and of a quality and material satisfactory to the City
Engineer.
47) Prior to 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.
Fire Conditions
48) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
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1 Fire Conditions
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49) Additional public and/or onsite fire hydrants shall be
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50) The applicant shall submit two (2) copies of a site plan 4
provided if deemed necessary by the Fire Marshal,
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
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51 ) An all-weather access road shall be maintained throughout construction, 1
52) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials
being located on the project site.
53) Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape Guidelines Manual.
~54) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department €or approval prior to construction.
55) Building exceeding 10,000 sq.ft. aggregate floor area shall be
sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 13th day of November, 1985, by the following vote, to
wit:
AYES : Chairman Schlehuber, Commissioners: L'Heureux,
Marcus, McFadden, Smith, Holmes & Hall.
NOES : None.
ABSENT : None. & &]&k
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST: p MICHAEL J. HOLZMILLER
28 LAND USE PLANNING MANAGER
PC RES0 NO. 251 5 -9-