Loading...
HomeMy WebLinkAbout1986-01-22; Planning Commission; Resolution 2533f-< 0 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PLANNING COMMISSION RESOLUTION NO. 2533 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 84-8(A), FOR A 100 UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CO.RNER OF XANA WAY AND CORINTIA STREET. APPLICANT: BREHM CASE NO.: SDP 84-8(A) WHEREAS, a verified application has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission approved Site Development Plan SDP 84-8 with Resolution No. 2350, dated September 12, 1984; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission on the 22nd day of January, 1986, considered a modification to approved Site Development Plan SDP 84- 8(A), on property described as: Lot 224 of Carlsbad Tract 84-23 according to Map 11241 filed May 22, 1985. I l8 I WHEREAS, at said hearing, upon hearing and considering all 19 Development Plan No. SDP 84-8(A). 21 heard, said Commission considered all factors relating to Site 20 1 testimony and arguments, if any, of all persons desiring to be 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 R) That based on the evidence presented at the hearing, the 25 A) That the above recitations are true and correct. 24 Commission of the City of Carlsbad as follows: Commission recommends APPROVAL of SDP 84-8(A), based on the 26 following findings and subject to the following conditions: 27 //// 28 //// *. 0 e 1 2 3 4 5 6 7 Findings: 1) The project is consistent with the City's General Plan since the site has been designated for residential development by the Land Use Element of the General Plan, as conditioned the circulation system is adequate to serve the project. 2) The project will help to implement the Housing Element of the General Plan by helping to provide a variety of housing types in the La Costa area. 3) The project as conditioned is consistent with the provisions of Title 21 of the Carlsbad Municipal Code and the RD-M(Q) zone. I i i 1 i i i I 1 8 4) The site is physically suitable for the type and density of the 9 development since the site is adequate in size and shape to accommodate residential development at the density proposed. 5) The project is consistent with all City public facility pol- 10 11 icies and ordinances since: 12 13 14 15 16 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. 17 18 19 20 21 22 23 .b) The San Marcos School District has written a letter, dated May 25, 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. 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. 24 25 6) The proposed project is compatible with the surrounding future residential development on the General Plan. land uses since surrounding properties are designated for 26 //// 27 /I //// 28 PC RES0 NO. 2533 -2- c. I! 0 e 1 7) This project has already been considered in conjunction with a previously certified environmental document and a Notice of and recommended for approval by the Planning Commission on 2 Janaury 22, 1986. 3 Prior Environmental Compliance was issued on January 11, 1986 4 5 6 7 8 9 10 I1 12 13 8) This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direc need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are no: provided the project will create an unmitigated burden on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans. I Conditions: 1 ) Approval is granted for SDP 84-8(A), as shown on Exhibits "A" - "F", dated December 3, 1985, incorporated by reference and 01 file in the Planning Department. Development shall occur ~ substantially as shown unless otherwise noted in these I conditions. Approval of SDP 84-8(A) shall supercede approval ~ of SDP 84-8. I 14 15 2) 17 16 19 18 20 21 3) 22 I 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 sew facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. el This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Cit:y 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 May 25, 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. 23 24 25 26 27 4) 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. 5) 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. 28 &'&SO NO. 2533 -3- *. a e l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11 21 ~ 24 I 23 i 22 I 25 I I 26 ~ 27 ! 28 6) Water shall be provided by the San Marcos Municipal Water District. I I I 7) The applicant shall prepare a 24" x 36" reproducible mylar of the final site plan incorporating the conditions contained herein, Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits, 8) The applicant shall prepare a detailed landscape and irrigatio. plan which shall be submitted to and approved by the Planning 1 Director prior to the issuance of grading or building permits ~ whichever occurs first. The portions of this project adjacent, 'l to the single family homes and the intersection of Xana Way and Corintia Street shall be heavily landscaped. I I 9) All parking lot trees shall be a minimum of 15 gallons in size. 10) Prior to issuance of a building permit the applicant shall supply a detailed plan showing the exact height and material used for the construction of all retaining walls subject to the approval of the Planning Director. I 11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, I 12) 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 Planning Director prior to installation of such signs. I masonry wall with gates pursuant to City standards. Location 1 of said receptacles shall be approved by the Planning Director. 13) Trash receptacle areas shall be enclosed by a six-foot high 14) 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 Directors of Planning and Building. 15) Building identification and/or addresses shall be placed on al, new and existing buildings so as to be plainly visible from th 1 street or access road; color of identification and/or addresse' shall contrast to their background color. a directory sign at the entrance to the project. The design o ~ this sign shall be approved by the Planning Director. 16) Prior to occupancy of any units, the applicant shall construct //// PC RES0 NO. 2533 -4- 1 1 I1 ! " i I a. 0 0 17) Additional pedestrian access shall be provided subject to the 1 approval of the Planning Director. 2 3 4 5 6 18) 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 1 condition complies with all requirements of law. I I 19) All ground level patios shall protrude a minimum of 2 feet 7 Director. 8 beyond the balconies above them and shall be enclosed by a solid wall subject to the approval of the Planning 9 20) A tot lot for children shall be added to the project. The size location and equipment for the play area shall be to the 10 satisfaction of the Planning Director. 11 Engineering Department: 12 13 14 15 16 17 18 19 20 21 22 ! 21 1 22) ~ I 1 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 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. I 23) 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 contou 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. II 1: 23 24 24) No grading shall occur outside the limits of the project unless if located within the city limits. 26 25) A separate grading plan shall be submitted and approved and a 25 affected properties. 26) All slopes within this project shall be no steeper than 2:l. 27 a letter of permission is obtained from the owners of the separate grading permit issued for the borrow or disposal site 2% //// PC RES0 NO. 2533 -5- -3 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 ~ 19 i 20 21 22 23 24 25 26 27 27) Prior to hauling dirt or construction materials to any propose 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. 1 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 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. 29) 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 . 30) Sight distance for all intersections shall comply with City of Carlsbad design criteria. 31) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prio:r to approval of any grading or building permit for this project. 32) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan., I/// //// //// I I/// ///I I 1 &/kESO NO. 2533 -6- 28 ., 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 20 21 22 23 24 25 26 27 28 i I 33) 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, 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. The applicant shall execute the Standard City CCStR’s for private street systems. 34) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 35) 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. 36) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 37) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with Cit of Carlsbad Standards prior to occupancy of any buildings. t 38) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 39) 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 o any portion of the project for any purpose. The improvements are: - a) All public streets shown adjacent to the parimeter of this b) All internal access and utility systems to serve this c) All drainage facilities to serve this project. project. project. //// PC RES0 NO. 2533 -7- .. 0 0 1 2 3 4 5 40) 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 design of all private streets shall conform to City of Carlsbad standards of public streets. 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 buildin or grading permit for this project. I 6 41) All private streets and drainage systems shall be maintained b the developer in perpetuity. 7 t 42) Some improvements shown on the Site Development Plan and/or 8 or interest to permit the improvements to be made without 9 required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title acquisition of title or interest. The subdivider shall confor 10 to Section 20.16.095 of the Carlsbad Municipal Code. 11 11 43) The applicant shall agree to utilize reclaimed water, in Type form, on the subject property in all common areas as approved 12 by the City Engineer. 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 44) 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: 1 "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 //// ///I ///I ///I PC RES0 NO. 2533 -8- 28 .. 0 0 1 2 3 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: 4 5 6 ll City, st.: i 7 /I Telephone: 8 // BY Date : (Name of Engineer) 9 11 R.C.E. NO. # I 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 45) Developer shall, prior to building permit approval, enter into an agreement with the City for the developer to pay a traffic impact fee for the 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 $250.00 per single family housing unit, nor $200 per multiple family housing unit. The amount o such fees shall be determined by the City Council, based on an area traffic impact study to be undertaken by the City and concluded within six months after approval of applicant's site plan, The limit on the amount of the fee is based on the City Engineer's estimate. If the City Council finds that the cost of improvements require a higher fee, then the developer shall agree to pay that fee as determined by the City Council. 46) The City Council has determined that in order to accommodate the trafric on iiancho Santa Fe Road, the developer of projects in this area must be responsible for the improvement of Ranchc Santa Road from La Costa Avenue to the existing Melrose Drive intersection. Prior to building permit approval the developer shall submit a proposal satisfactory to the City Council for such improvements. The proposal shall be based on an independent traffic analysis accomplished to the satisfaction of the City Engineer. The proposal shall include a time schedule and financing plan for the improvements which may include an assessment district, developer financing, or some alternative acceptable to the City Council. The construction and improvements must be assured either by confirmation of the assessment district secured subdivision improvement agreement, or otherwise guaranteed to the satisfaction of the City Counci prior to building permit approval. 1 1 ! 27 11 &'k3SO NO. 2533 -9- I 28 I. /I e a 1 2 3 4 5 6 47) Prior to building permit approval, a traffic study shall be prepared to determine the extent of impacts that this project will have on major streets in the La Costa area, including La Costa Avenue and El Camino Real to Interstate 5. The study shall determine a solution to these impacts and the applicant shall agree to perform or to participate in the solution as determined by the City Council. No units shall be occupied in this subdivision until traffic impacts have been mitigated to the satisfaction of the City Council. The studies which are now being conducted by the City may be used to satisfy this condition if they are completed prior to the applicant requesting approval of a final map. 7 48) Prior to issuance of building permits for this project the developer shall realign the access on Xana Way to the a satisfaction of the City Engineer. I 9 Fire Department: 10 49) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire 11 Department. 12 13 14 15 16 50) Additional public and/or onsite fire hydrants shall be Frovide if deemed necessary by the Fire Marshal. 51) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 1 52) An all-weather access road shall be maintained throughout construction. 17 located on the project site. 18 53) All required fire hydrants, water mains and appurtenances shal be operational Frior to combustible building materials being t 19 20 21 22 23 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 for 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 . 24 //// I1 25 //// 26 ' ///I 27 &/&SO NO. 2533 -10- 28 c. i 11 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 ATTEST: 19 I 20 21 22 23 24 25 26 27 28 9 f PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of January, 1986, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners: McRane, Marcus, McFadden, Smith, Holmes and Hall. NOES : None. ABSENT : None . ABSTAIN: None. CARLSBAD PLANNING COMMISSION MICHAEL J. keL;Z PLANNING DIRECTOR PC RES0 NO. 2533 -1 1- "