HomeMy WebLinkAbout1986-04-23; Planning Commission; Resolution 2516ll ..
0 e
1
2
3
4
5
6
7
PLANNING COMMISSION RESOL.UTION NO. 2516
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN NO. 85-11,
TO DEVELOP A 74-UNIT APARTMENT PROJECT ON
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ALTISMA WAY BETWEEN CARINGA WAY AND ALICANTE ROAD. APPLICANT: ALICANTE VIEW APARTMENTS CASE NO.: SDP 85-11
WHEREAS, a verified application has been filed with the Cit
8 of Carlsbad, and referred to the Planning Commission; and
9 WHEREAS, said verified application constitutes a request as
10 provided by Title 21 of the Carlsbad Municipal Code; and
11 WHEREAS, pursuant to the provisions of the Municipal Code,
12the Planning Commission on the 11th of December, 1985, the 8th of
13
property described as: 14
January 1986 and the 23rd of April 1986, considered said request on
15
16
Lots 229, 230, 231, 232 of Map No. 6730, dated September 8, 1970, City of Carlsbad, County of San
Diego.
17 WHEREAS, at said hearing, upon hearing and considering all
18
Development Plan No. 85-11. 20
heard, said Commission considered all factors relating to Site 19
testimony and arguments, if any, of all persons desiring to be
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
22
24
A) That the above recitations are true and correct. 23
Commission of the City of Carlsbad as follows:
following findings and subject to the following conditions: 25
B) That based on the evidence presented at the hearing, the Commission recommends APPROVAL of SDP 85-11, based on the
26 [[Findings:
27 1) The project is consistent with the City's General Plan since
on the Land Use Element of the General Plan. range of 8 - 15 du's/acre specified for the site as indicated 28 the proposed density of 14.4 du's/acre is within the density
~~
0 W
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
~
2) The site is physically suitable for the type and density of th
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
3) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriat
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 satisfie 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 October 23, 1985, stating that school facilities will be
available to this project.
c) 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.
~
d) 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 residentia1,development on the General Plan.
~
~
5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued b;y the Land
Use Planning Manager on November 2, 1985 and recommended for approval by the Planning Commission on April 23, 1986.
6) 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 nc 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.
////
PC RES0 NO. 2516 -2-
I
1
/I 0 e
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
Conditions:
1) Approval is granted for SDP 85-11, as shown on Exhibits "A" - n HII , dated July 25, 1985, incorporated by reference and on fi:
in the Planning Department. 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 sewc facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy.
3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cii Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and accordin!
to the agreement executed by the applicant for payment of saic
fee, a copy of that agreement, dated October 24, 1985, is on
file with the City Clerk and incorporated herein by reference
If said fee is not paid as promised, this application will no1
be consistent with the General Plan and approval for this
project shall be void.
4) The applicant shall provide school fees to mitigate condition!
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 Cit:
ordinances in effect at time of building permit issuance.
6) This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval.
7) 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.
8) 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.
9) The applicant shall prepare a detailed landscape and irrigatic
plan which shall be submitted to and approved by the Planning
Director prior to the issuance of grading or building permits
whichever occurs first.
PC RES0 NO. 2516 -3-
! I1
// e 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
10) All parking lot trees shall be a minimum of 15 gallons in
size.
11) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
12) Heavy landscaping shall be installed at carport locations as
indicated on Exhibit "C", dated July 25, 1985. The landscaping shall provide a view obscuring screen to shield parked cars and shall be approved by the Planning Director.
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 Planning Director prior to
installation of such signs.
14) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director.
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 Building Department Policy No. 80-6, to the satisfaction of the Planning and Building Directors.
16) 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.
17) Prior to occupancy of any units, the applicant shall construct
a directory sign at the entrance to the project. The design of
this sign shall be approved by the Planning Director.
18) 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.
////
//// I
//// I
////
PC RES0 NO. 2516 -4-
I1
II 0 0
Engineering Department: 1 // 19) The developer shall obtain a grading permit prior to the 2 commencement of any clearing or grading of the site.
3
4
5
6
7
20) 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.
21) No grading shall occur outside the limits of the project unles 8 a letter of permission is obtained from the owners of the affected properties. 9 t
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
22)
23)
24)
25)
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.
The developer shall regrade the slopes adjacent to Altisma Way and Alicante Road (N.W. corner) to provide adequate sight distance. (P5 Std. Design Criteria)
All slopes within this project shall be no steeper than 2:l.
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.
26) 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 perioc 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.
PC RES0 NO. 2516 -5-
!a
3
28
I/ e 0
27) Additional drainage easements and drainage structures shall be 1 provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- 2
28) The owner of the subject property shall execute a hold harmless 3
neer.
agreement regarding regarding drainage across the adjacent
for this project.
4 property prior to approval of any grading or building permit
5
6 all public streets and easements required by these conditions
29) The developer shall make an offer of dedication to the City for
or shown on the Site Development Plan. The offer shall be mad?
land so offered shall be granted to the City free and clear of
Streets that are already public are not required to be
7
rededicated. 9
all liens and encumbrances and without cost to the City. 8
prior to issuance of any building permit for this project. Al.1
10
11
12
13
14
15
16
17
30) 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:
oE
a) Sewer, water, fire protection and storm drain facilities
b) The circulation, access and turnaround systems proposed on to serve this project.
the site development plan for this project.
18 31) Unless a standards variance has been issued, no variance from
19 i City Standards is authorized by virtue of approval of this sit:
plan.
20
21
32) The developer shall construct private street accesses to publiz 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,
23 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 24 distance of 20 feet. The provisions of this condition shall be
25 met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
22 "PRIVATE STREET BEYOND THIS POINT", at the access point to
26 ji ////
27 (I PC RES0 NO. 2516 -6- I
28
\
// e 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
33) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad
Standards.
34) 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.
35) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
36) The developer shall install a stair access to Alicante Road to
serve this project. These stairs shall be incorporated into
the grading plans for this development.
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.
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) The design of all private streets and drainage systems shall b?
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 building
or grading permit for this project.
40) All driveways and drain systems shall be maintained by the
property owner .
41 ) 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:
////
////
////
////
PC RES0 NO. 2516 -7-
0 e
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
"DECLARATION OF RESPONSIBLE CHARGE" I 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. # I
42) The developer shall provide the City with a (24" x 36") 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.
43) Before and as a condition of obtaining a final map, or final
development permit or site plan approval under Title 21 of the
Carlsbad Municipal Code, the subdivider shall enter into a
contract with the City whereby the subdivider covenants on
behalf of the subdivider and subdivider's successors in
interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district for the southern area of the City.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is
located.
c) Payment of the traffic impact fee established pursuant to Chapter 18.42 of the Carlsbad Municipal Code.
////
////
PC RES0 NO. 2516 -8-
\
0 0
1
2
3
4
44) Building permits for this project shall not be issued unless
the applicant, as a condition of the building permit complies
with the provisions of City Council and Ordinance No. 9791 or any subsequent ordinance or establishing a development management system, or public facilities financing or phasing programs as referenced in Ordinance No. 9791.
5 //Fire Department
I ! I I
45) Additional public and/or onsite fire hydrants shall be providedl 6
46) The applicant shall submit two (2) copies of a site plan 7
if deemed necessary by the Fire Marshal. I I
showing locations of existing and proposed fire hydrants and a onsite roads and drives to the Fire Marshal for approval.
9
10
11
12
13
14
15
47 1
48)
49 1
50 1
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 I located on the project site. I I
Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
16 51) 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 17 prior to construction.
18
the 23rd day of April, 1986, by the following vote, to wit: 2o
Planning Commission of the City of Carlsbad, California, held on i l9
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
I
21 /I
22
23
AYES : Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Holmes & Hall.
NOES: None .
ABSENT : Commissioner Smith.
CLARENCE LA- SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
RES0 NO. 2516 -9-
li i L