HomeMy WebLinkAbout1986-10-15; Planning Commission; Resolution 2547e
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PLANNING COMMISSION RESOLUTION NO. 2547
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CAKLSBAD, CALIFORNIA, APPROVING A TEN-UNIT APARTMENT
PROJECT ON A .81 ACRE PARCEL ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE LUCIERNAGA STREET/URUBU STREET INTERSECTION. APPLICANT: LA COSTA VILLAGE APARTMENTS CASE NO. : PCD-88
!j II WHEREAS, a verified application for certain property to I
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Lot 398 of La Costa Meadows Unit No. 2, in the County of
San Diego, State of California, according to Map, thereof No. 6905, filed in the Office of the County Recorder of
San Diego County, April 21, 1571,
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 23rd day of
April, and the 15th day of October, 1986, consider said request;
and
'WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to the
Planning Commission Determination; and
21 !! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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23 // A) That the above recitations are true and correct. I
24 B) That based on the evidence presented at the public hearing,
the Commission APPROVES PCD-88, based on the following
findings and subject to the following conditions: 25
26 Findings:
27 the proposed density of 12.34 du's/acre is within the density 1) The project is consistent with the City's General Plan since
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range of 8-15 du’s/acre specified for the site as indicated on
1 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
, 1 apply to sewer service for this project.
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available to this project subsequent to the payment of 12
b) The San Marcos School District has written a letter, dated August 16, 1985, stating that school facilities will be
fees. 13
14 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. The applicant has also agreed by condition to pay all Growth Management Fees. Performance of those contracts and payment of the fees 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 Planning Director on February 22, 1986 and approved by the Planning Commission on March 26, 1986.
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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 direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not 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.
7) The proposed project complies with all of the requirements of the Carlsbad Zoning Ordinance as discussed in the staff report.
8) The design of the proposed project justifies the density requested as discussed in the staff report.
9) The proposed project is compatible with surrounding existing
and proposed land uses as discussed in the staff report.
10) The applicant is by condition required to pay any development fees, and has agreed to abide by any additional requirements
established by the City of Carlsbad pursuant to Chapter 21.90
of the Carlsbad Municipal Code or any other applicable laws in order to implement and comply with the City's Growth
Management System. This will ensure continued availability of public facilties and will mitigate any cumulative impacts created by the project.
Conditions: I 1) Apgroval is granted for PCD-88, as shown on Exhibits "A" -
"1) , dated September 16, 1986, incorporated by reference and on file 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 assurances have been given by the
Leucadia County Water District in writing, if sewer facilities are located in the Leucadia County Water District.
3) This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated September 25, 1986 and the agreement to pay the Growth Management Fee dated June 17,
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1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan
and approval for this project shall be void.
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.
6) This approval shall become null and void if building permits are not issued for this project within two years from the date
of project approval. Up to two 1 year extensions may be granted by the Planning Director.
7) Water shall be provided by the San Marcos Water District.
8) The applicant shall comply with all provisions of the
Carlsbad Municipal Code Section 21.90.030 (Growth Management System). No residential building permits shall be issued
until all Growth Management plans have been prepared to the satisfaction of the City Council.
Planning Department:
9) 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.
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10) The applicant shall prepare a detailed landscape and irriga-
~ tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
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11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
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.
13) 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.
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II 0 a I ll 14) No outdoor television antennas shall be permitted on-site.
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15) No outdoor storage of boats, RV's or similar items shall be
permitted on-site.
16) All roof appurtenances, including air conditioners, shall be
I 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 o the Directors of Planning and Building.
17) 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/o
addresses shall contrast to their background color.
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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 ar
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 unles
the City Council determines that the project without the condition complies with all requirements of law.
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19) The 5 foot high fence proposed around the jacuzzi shall be
constructed of wrought iron, and shall be in place prior to occupancy of any units.
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Before obtaining a final map or building permit, whichever occurs first, the applicant shall: a) agree to pay any increase in the public facilities fee or additional tax on
new construction and/or new development fees established by
the City Council prior to July 20, 1986; b) agree to abide by
any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies
with City Council Ordinance No. 9791.
2o 11 Engineering Department:
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21) 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 capacity is available at the time of application for such permits and will continue to be availa'ble until time of
occupancy.
22) The developer shall obtain a grading permit prior to the
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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) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of I the affected properties.
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.
26) All slopes within this project shall be no steeper than 2:l.
27) 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.
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.
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30) 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.
31) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
32) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project. I
33) The developer shall obtain the City Engineer's approval of the
project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to issuance of a Certificate of
Occupancy for any unit within the project. The improvements
are:
a> Driveway openings on Luciernaga shall be of material approved by the City Engineer. Bomanite as shown on tentative development plan is not permitted on public
right-of-way.
34) 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.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a revie%
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
k lrm:
Address :
City, St. :
Telephone:
BY Date :
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(Name of Engineer)
R.C.E. NO. 11
35) Prior to the issuance of any permit for this project the applicant shall provide proper sight distance to the
satisfaction of the City Engineer for driveway openings.
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36) A soils report shall be submitted prior to issuance of
grading permit or building permit, whichever occurs first.
37) 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 subdividers and subdivider's successors in
interest to the following:
a) No 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.
Fire Department:
38) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire
Department.
39) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
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40) 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.
41) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
42) 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 15th day of October, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Marcus, Schramm, Hall, Holmes Sr McBane.
NOES : None.
ABSENT : Commissioner McFadden.
ABSTAIN : None.
a
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
ATTEST :
w 6j56Lk3 Am&%",,"
MICHAEL J D HOLZMILLER/gq
PLANNING DIRECTOR G
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