HomeMy WebLinkAbout1984-11-20; City Council; 7966; Appeal - Zone Change - Seascape. . CITWF CARLSBAD - AGENDB-ILL
RECOMMENDED ACTION:
The Planning cannission is reOarmenaing that the City mcil direct the attorney's office to prepare &aments DENYING ZC-312 and -66.
Irn E2cPImmIrn
The applicants are appealing a decisian ky the Planning carmissian to deny their request for a ne me fran PC (planned cama;mity) to RD-M and a ~bnning
oomnission Determination for a 244 unit apartmmt project located on
side of Camin0 de Las Ondas east of Paseo del Norte (location map attached)
south
The me change to RD-M is necessary to acocrrmDdate the applicant's pmposal because the PC zone has rn pmvisim for the development of an apartment pject on property less than 100 acres.
The Planning carmission Determination is for a 244 unit apartmnt ocnp?lex on a
21.5 acre pcel. The general plan for the majority of the parcel is medim density, 4-10 du's/acre. A -11 portion of the property is designated Open
Space and not included in the density calculation. is 8.5 du/ac vdhich is toward the high end of the dmsity.
providing 25% affordable units *ch wxld raise the actual density to 12.1.
State law phibits the 25% affordable units fran being included in the actual
The density of the project
The applicant is also
density, bVeVer.
Altbugh the Planning Carmission determined the pmject was high quality and the
amenities pmvided justified the density, they felt that the paraposed project
may mt be ampatible With surrounding developmts vhich are at a slightly
lower density.
Staff is reCarmenning apprcnral of the project for several reasons. The project is mre open and has mre recreation and open space dties t-han any other
apartment project in carlsbad. including the affordable housing units, is very low. projects are 20-30 du's/acre.
with existing developnent.
housing thuughout Carlsbad and there is a need %r aprtmnts in this qadrant of the city.
For a large apartment project the density,
Wt large apartmnt
The buildings are attractive and will bled in
the general plan encourages a balance of
rf mil wishes to approve Ikis project as recarmended by staff, it sbuld be returned to staff for preparation of an ordimme . Amre detailed analysis and
conditions of approval are included in the planning camcission staff report
attached.
ENvIFuxWEamALl REVIEW
The Land Use Planning Manager has detennined that this project will rot cause any significant envircxmental inpacts and, therefore, has issued a Negative Declaratim, dated July 30, 1984. file in th Land Use Planning Office. If Wil wishes to apprcrve this project
they should also appmve the Negative Declaration issued ?q the Land Use PlaMing Manager.
A oapy of the envimmental documents is cn
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The applicant Will pawide all required pblic inprwv-ts to the pject.
Also, the applicant has agreed to pay a pblic facilities fee to offset the costs of pmvidixq all uther pblic services.
1. mCatianMap 2. PC Resolutim No. 2356 & 2357 (Denial)
3. Staff Report w/Original Resolution No. 2356 C 2357 (w/aonditions)
1 4 "LOCATION MAF
LOMAR AIRPORT ROAD
PC
PC to
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EXHIBIT X
9-6-84
RD-M
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I SEASCAPE I ZC-3 12/PCD-66
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PLANNING COMMISSION RESOLUTION NO. 2356
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A ZONE ZONE CHANGE FROM P-C, PLANNED COMMUNITY TO RD-M, RESIDENTIAL DENSITY MULTIPLE ON
PROPERTY GENERALLY LOCATED BETWEEN CAMINO DE LAS ONDAS AND BUTTERCUP ROAD EAST OF PASEO DEL
APPLICANT: SEASCAPE CASE NO: ZC-312
NORTE
WHEREAS, a verified application for certain property, to
tit:
Lots 100 and 101 of Carlsbad Tract No. 73-23, according to Map thereof No. 8081 filed February 28, 1979,
,as been filed with the City of CarlSbad, and referred to the
llanning Commission; and
WHEREAS, said application constitutes a request as
Irovided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 26th day of
leptember, 1984, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
!onsidering all testimony and arguments, if any, of all persons
lesiring to be heard, said Commission considered all factors
.elating to the Zone Change: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
!ommission as follows:
L) That the above recitations are true and correct.
1) That based on the evidence presented at the public hearing,
Commission DENIES ZC-312.
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the
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Ilanning Commission of the City of Carlsbad, California, held on
.he 26th day of September, 1984, by the following vote, to wit:
AYES : Chairman Rombotis, Commissioners Schlehuber, Smith and L'Heureux.
NOES : Commissioner McFadden and Farrow.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION
IICHAEL J.
,AND USE PL-ING MANAGER
IC RES0 NO. 2356 -2-
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PLANNING COMMISSION RESOLUTION NO. 2357
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A 244 UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED BETiJEEN CAMINO DE LAS ONDAS AND
APPLICANT: SEASCAPE
CASE NO: PCD-66
WHEREAS, a verified application for certain property, to
BUTTER CUP ROAD, EAST OF PASEO DEL NORTE.
fit:
Lots 100 and 101 of Carlsbad Tract No. 73-23 according to
Map No. 8081 filed February 28, 1975,
.as been filed with the City of Carlsbad, and referred to the
llanning Commission: and
WHEREAS, said verified application constitutes a request
.s provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 26th day of
ieptember, 1984, consider said request: and
WHEREAS, at said hearing, upon hearing and considering
111 testimony and arguments, if any, of all persons desiring to be
leard, said Commission considered all factors relating to the
'lanning Commission Determination: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
!ommission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Com- mission DENIES PCD-66, based on the following findings:
'indinqs :
.) The proposed project's density of 12.16 du's/ac cannot be
justified for the following reasons:
a) The project is not compatible with surrounding projects in
the vicinity in terms of density and product type.
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b) The project's circulation system is not adequate to safely handle the traffic generated by the project at the density
proposed
PASSED, APPROVED AND ADOPTED at a regular meeting of the
lanning Commission of the City of Carlsbad, California, held on
he 26th day of September, 1984, by the following vote, to wit:
AYES : Chairman ~ombotis, Commissioners Schlehuber,
Smith and L'Heureux.
NOES : Commissioner McFadden and Farrow.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION
LTTEST:
?
,AND USE PLANNING MANAGER
'C RES0 NO. 2357 -2-
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STAFF REPORT
DATE : September 26, 1984
AP5CATION SUBMITTAL DATE:
JUI 15, 1984 ca
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: ZC-312/PCD-66 - SEASCAPE - Request for a zone change from P-C to RD-M and a Planning Commission Determination for a 244 unit apartment project on a 21.56 acre parcel located between Camino de las Ondas and Buttercup Road, east of Paseo del Norte.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the Negative Declaration issued by.the Land Use Planning Manager and ADOPT Resolution No. 2356 recommending APPROVAL of ZC-292 and mution No. 2357 APPROVING PCD-66 based on the findings and
subject to the conditions contained therein.
11. PROJECT DESCRIPTION
The applicant is requesting approval of a zone change from P-C,
Planned Community to RD-M, residential Density Multiple and a
Planning Commission Determination for a 244 unit apartment project on a 21.56 acre site located as described above.
The applicant is requesting the zone change from P-C to RD-M to develop an apartment project on this site. The existing P-C zone has no provisions for the development of apartment projects. The
subject property is a substandard (less than 100 acres) P-C parcel. The city's zoning ordinance requires that substandard P- C parcels not included in a master plan must be developed per the City's Planned Development Ordinance which establishes development standards. This designation is normally for ownership type units. As mentioned previously, the applicant wishes to develop this site as an apartment project and the
changing the zoning to RD-M this problem will be eliminated. Planned Development Ordinance would not be applicable. BY
The applicant is also requesting approval of a Planning
Commission Determination for a 244 unit apartment project with a density of 12.16 du/ac. This exceeds the General Plan designation of 4-10 du/ac for this site. The applicant is applying for this density under Section 65915 of the State of
California Government Code. This section allows up to a 25 percent density bonus for projects which provide at least 25
percent of the units for persons or families of low and moderate
income as defined by Section 50093 of the State Health and Safety Code, see Exhibit "Y".
The proposed project is located in a low lying level area between two existing projects, Pacesetter's Carlsbad Crest and Standard Pacific's, Vista Pacifica. The portion of these projects adjacent to this project have a density of approximately nine
du/ac.
The proposed project will consist of twelve and sixteen unit
buildings with flat over flat units. The buildings will have a Mediterranean style of architecture. The dwelling units will consist of one and two bedroom units ranging in size from 668 to 904 square feet. None of the buildings will exceed 35 feet in height .
111. ANALY S IS
Planning Issues
Zone Chanae
1) Is the proposed RD-M zone 'consistent with the RM General Plan designation?
2) Is the proposed RD-M zone and the uses allowed within this
zone consistent with surrounding zoning and land uses?
Planning Commission Determination
1) Does the project comply with the development standards of
the Carlsbad Zoning Ordinance?
2) Does the design of the project justify the density
requested?
Discussion
The RD-M, Residential Multiple Zone is consistent with the RM
Residential Medium, 4-10 du/ac, General Plan designation and is an implementing zone for this designation.
As mentioned in the discussion, this zone change is being
requested to allow this site to be developed with an apartment project. Staff had some initial concern about the development of an apartment project with slightly higher density between two existing ownership projects. However, the proposed project will be located in a low-lying area between these two projects. This project will be setback at least 25 feet from the easterly property line. This area will be heavily landscaped with evergreen trees and shrubs to screen this project from the adjacent units. A public street and wide open space area will
separate this project from the existing units to the west. Staff believes that the topographical difference along with the heavy landscaping will allow this project to be compatible with the existing development on the adjacent properties.
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Planning Commission Determination
AS proposed, this project conforms with the development
standards of the RD-M zone. None of the proposed buildings will
exceed 35 feet in height, all setbacks are met and all of the required parking is provided on site.
Staff believes that the design of the project and the amenities
provided, justify the proposed density. As shown on the site plan and landscaping plan, there will be a wide variety of
active and passive recreation facilities. Two tennis courts
will be located in the southerly portion of the property. Two swimming pools with spas, restrooms, cabanas and decks will he
provided .
A large clubhouse with indoor recreational facilities will be
located adjacent to the southerly pool area. A tot lot will be located away from streets and driveways in the north end of the project. Barbeque areas with tables and benches on enriched paving will be scattered throughout the project. In addition, there will be many level turf areas suitable for passive recreation within this project.
Each of the units will have either a private patio or balcony with a storage closet. A covered parking space will be provided for each unit in carports within the parking area. Guest
parking spaces will be provided at various locations within the
project. Additional guest parking will be available on the
public street providing access to this project. Common laundry facilities will be located adjacent to the pool areas.
Many of the concepts detailed in the City's Design Guidelines
Manual have been incorporated into this plan. Wherever possible, curvilinear streets and parking areas have been
designed . Enriched paving will be used to break up the
appearance of the private street and parking areas in this project. A meandering trail system through the landscaped areas will connect the units to the recreation areas and parking lots.
Everything west of the public street serving this project will
remain as open space with tennis courts, a small parking area
and a meandering trail system. This open space area will tie into an existing natural open space area in the project directly to the south of this site. This will result in a band of open
space from the property's northerly boundary to Batiquitos Lagoon over a mile away.
Staff believes that it is appropriate to approve this projecr
toward the high end of the density range and grant a 25 percent density bonus. The applicant has agreed to provide at least 25
percent
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of the units to persons or families of low or moderate income.
This has been made a condition of approval. The proposed project is dominated by open space and even though its at the high end of its range (4-10 du/ac), is one of the lowest density apartment
projects submitted to the City. Most apartment projects have densities between 20-30 du/ac.
It is also important to note that this is the first viable
apartment project that has been proposed in the southwest portion of the City. One of the goals of the City's Housing Element is to provide a variety of housing types in all portions of the City. Another one of the goals is to provide affordable housing in all portions of the City. Staff believes that this project fulfills this goal, provides an attractive living environment and will be compatible with existing development in the area.
Therefore, staff recommends approval of ZC-312/PCD-66.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager. has determined that this project
will not have a significant impact on the environment and,
therefore, has issued a Negative Declaration on July 30, 1984.
Attachments
1. Planning Commission Resolution Nos. 2356 and 2357
2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents 6. Reduced Exhibits 7. Exhibits "A" - " " and "X" and "Y", dated September , 1984
MH:ad
9/11/84
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EXHIBIT "Y"
565915. Required agreements
When a developer of housing agrees to construct at least 25
percent of the total units of a housing development for
persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, or 10
percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of
the Health and Safety Code, a city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value.
A developer may submit to a city, county, or city and county a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal requests for general plan amendments, zoning
amendments, or subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a
written proposal, notify the housing developer in writing of
the manner in which it will comply with this section. The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section.
For ths purposes of this chapter, "density bonus" means a density increase of at least 25 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. The density bonus shall not be included when determining the number of housing units which is equal to 10 or 25 percent
of the total. The density bonus shall apply to housing
developments consisting of five or more dwelling units.
If a developer agrees to construct both 25 percent of the
total units for persons and families of low or moderate income and 10 percent of the total units for lower income households, the developer is entitled to only one density bonus under this section although the city, city and county, or county may, at its discretion, grant more than one density bonus.
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3.r+#rmhipr joint venture, corporation, syzdh-1 .. r
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(619) 234-2972
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N.mr - 701 "B" Street Suite 705 San Dieqo, CA 92101 - . .. mh@88- . . .. .. .. ,.
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(6'1 9 1 234-2972 --- -. .. .. . . -8
701 "B" Street Suite 705 San Dieso, CA 92101
mh88 Addrew ..
(619) 234-2972 (619) 436-0292 .. Telephone NIrmkr T.l.phoru aumb8r
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(see fittached List for pddresses for &era and Limited partners. 1
Mack Pwe * Pr- But cher. Edward D. O'Brien
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The JeffrGlBlake Pogu e Lincoln Trust Preston Butcher Stephen P,. Jarchm
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William W. Hirsch . Stuart L. 'Ieeger -. - Mack Poque
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x/we 4mclrre er pehty of perjury that tk infomation c0nt.i- in this dis-
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relied upon as b8ing true ad COrr8Ct until aaended. ..
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Lincoln seascape, A Californii. ~imited partnerd
Applicant .
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PLANNING COMMISSION RESOLUTION NO, 2356
A RESOLUTION OF THE PLANNING COMMISSION OF THE
- CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM P-C, PLANNED
COMMUNITY TO RD-M, RESIDENTIAL DENSITY MULTIPLE ON PROPERTY GENERALLY LOCATED BETWEEN CAMINO DE LAS ONDAS AND BUTTERCUP ROAD EAST OF PASEO DEL NORTE , APPLICANT: SEASCAPE CASE NO: ZC-3 12
WHEREAS, a verified application for certain property, to
wit:
Lots 100 and 101 of Carlsbad Tract No. 73-23, according
to Map thereof No. 8081 filed February 28, 1979,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and -
WHEREAS, the Planning Commission did on the 26th day of
September, 1984, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public 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 Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct,
B) That based on the evidenae presented at the public hearing, the Commission recommends APPROVAL of ZC-3 12, based on the following findings and subject to the following conditions:
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Findings :
The proposed zone change to RD-M is consistent with the
General Plan designation of RM since this designation is
applied to- areas that are suitable for development with multiple-family developments.
The RD-M zone is consistent with the surrounding zoning since
all of the surrounding properties are developed with or designated for development with multiple family dwellings.
The project is consistent with all City public facility pol-
icies and (ordinances since:
a) 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.
The proposed zone change is consistent with all other elements
of the General Plan
This project will not cause any significant environmental ~
impacts and a Negative Declaration has been issued by-the Land Use Planning Manager on July 30, 1984 and approved by the Planning Commission on September 26, 1984.
Conditions:
1) Approval is granted for ZC-312, as shown on Exhibit "X", dated
September 6, 1984, incorporated by reference and on file in thc Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these
conditions.
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PC RES0 NO. 2356 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26t6 day of September, 1984, by the following vote, to wit:
AYES :
NOES:
ABSENT:
ABSTAIN :
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMJSSION
ATTEST:
MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER
PC RESO No. 2356
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PLANNING COMMISSION RESOLUTION NO. 2357
A RESOLUTION OF THE PLANNING COMMISSION OF THE
- CITY OF CARLSBAD, CALIFORNIA, APPROVING A 244
UNIT APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED BETWEEN CAMINO DE LAS ONDAS AND
BUTTERCCUP ROAD, EAST OF PASEO DEL NORTE.
APPLICANT: SEASCAPE CASE NO: PCD-66
WHEREAS, a verified application for certain property, to
wit:
Lots 100 and 101 of Carlsbad Tract No, 73-23 according to
Map No. 8081 filed February 28, 1975,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and . I
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 26th-day of
September, 1984, 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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the hearing, the Com-
mission APPROVES PCD-66, based on the following findings and subject to the following conditions:
Findings:
1) The proposed project is consistent with the City's General Plar
even though the proposed density of 12.16 du's/ac exceeds the
density range of 4-10 du*s/ac. Section 65915 of the State of California Government Code allows up to a 25 percent density
bonus for projects which provide at least 25 percent of the
units for persons or families of low or moderate income.
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The project justifies the higher end of the density because:
a) The open space and recreation areas greatly exceed the
b) There is a need for apartment units in the immediate amount required.
area; and the overall design of the project is compatible
with other high-end density projects.
The proposed project will provide low and moderate income
rental housing as defined by Section 50093 of the State Health
and Safety Code.
This project is approved upon the express condition that
building permits shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision.
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 that
building permits will not be issued unless the City Engineer determines that sewer service is available to serve the project.
b) The Carlsbad School District has written a letter, dated
June 22, 1984, 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.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for residential development on the general plan.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 30, 1984 and approved by the Planning Commission on September 26, 1984.
Conditions:
1) Approval is granted for PCD-66, as shown on Exhibit "A" - "B",
dated September 13, 1984, 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 t ime of occupancy . w PC RES0 NO. 2357 -2-
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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 June 20, 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.
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.
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.
Water shall be provi.ded to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
Land Use Planning Conditions:
The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained hefein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. The project shall not include more than 50 percent
of zone one landscaping as defined in the City of Carlsbad Landscape Manual.
All parking lot trees shall be a minimum of 15 gallons in size
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
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.
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 Land Use Planning Manager .
All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded 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.
I? PC RES0 NO. 2357 '1 -3-
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The applicant shall submit a street name list consistent with the City's street name policy subject to the Land Use Planning Manager Is approval prior to f inal map approval .
At-least 25 percent of the units shall be made available to persons or families of low or moderate income as defined by Section 50093 of State Health and Safety Code for a period of 10 years from the date of approval. The developer shall enter into an agreement with the City to ensure compliance
with this condition. This agreement shall be approved by the City Council prior to the issuance of building permits.
The project shall not convert to condominiums unless all requirements of Title 21, Section 45 are complied with in their entirety.
Approval of this project at the proposed density shall not be valid unless the City Council approves the proposed density pursuant to Section 50093 of the State Health and Safety Code,
Engineerinq Conditions:
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 'controll'ed 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 insure 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.
Upon completion of grading, the developer shall insure 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.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected proper.ties.
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.
All slopes within this project shall be no steeper than 2:l.
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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.
The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measures and shall consfruct 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.
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.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent property prior to approval of the final map.
The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and
24 hour storm durations shall be analyzed to determine the detention basin (or other facilities as determined by the City Engineer) capacities necessary to accomplish the desired results.
All land and/or easements required to satisfy the conditions of approval for this project shall be granted to the City, without cost to the City, free and clear of all liens and encumbrances and without cost to the City.
Direct access rights for all lots abutting Camino De Las Ondas shall be waived on the final map.
Parking spaces adjacent to the access drive of the "T-Bone" parking lots shall not be allowed as required spaces unless they are accessable without backing vehicles into them or maneuvering that entails backing up.
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Driveways not having through circulation shall be provided
with turn-around areas that are no less than 17 feet wide and
20 feet deep. The turn-arounds shall be located such that no parking space is located more than 100 feet from either a turn-around or entrance. The specific design of each turn- around shall meet the City Engineer's requirements. All turn- arounds shall be striped, signed and otherwise designed to discourage their use as a parking space.
The parking lots shall be provided with a five foot wide by twenty-four foot long area located adjacent to parking spaces at the end of the lots.
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 of any portion of the project for any purpose. improvements are :
The
Camino De Las Ondas to one-half width plus an eight foot
wide lane to sixty-eight foot wide collector street . standards along its frontage with this project. - Lane width shall be measured to curb face.
Removal and replacement of the existing 16 inch diameter water main in the portion of Camino De Las Ondas required
herein.
"A" Street to full width 60 foot wide collector street
standards from Camino De Las Ondas to Buttercup Road.
Buttercup Road to full width 60 foot wide collector street standards within the project.
Storm drains as shown on the site plan and extending northerly with a curb inlet and stub on the northerly
side of Camino De Las Ondas.
All public improvements shown on the site plan.
Street Lights.
The sidewalk on the westerly side of "A* Street may be omitted if the developer:
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b)
Constructs a sidewalk as shown on the cross-section of
"A" Street as shown on the site plan.
Provides a permanent non-exclusive 15 foot wide easement for pedestrian purposes.
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c) Centers the easement on the sidewalk.
d) Constructs the sidewalk to meet handicapped persons
requirements.
e) Provides a mechanism for funding maintenance of the landscaping and irrigation within the easement that is satisfactory to the City Engineer.
Slope setbacks shall be observed in accordance with City standards. A minimum five foot wide bench shall be provided where a property line lays on and parallel to a slope. The toe of slope at the bench shall be located four feet from the property line.
The developer shall comply with all the rules, regulations MC design requirements of the respective sewer and water agencie; regarding services to the project .
The design of all private streets and drainage systems shall
be approved by the City Engineer prior to approvad of the final map. 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 checl and inspection fees shall be paid prior to approval of the final map.
All private streets, drainage systems, slopes and other private facilities shall be maintained by the owners of the project in perpetuity.
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, right to pass revocable to non-tenaqts 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 satisfied to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
The developer shall agree to participate in the formation of and shall participate in an assessment or other district as may be satisfactory t9 the City of Carlsbad Council to fund
the design and construction of improvements for the Poinsettia/I-5 Interchange and signalization and improvements to adjacent streets.
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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 .
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. 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:
Each sheet shall
"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. #
The developer shall provide the City with a reproducible mylai
copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. Engineer prior to improvement plan submittal.
The plan copy shall be submitted to the City
Prior to issuance of any building permit for this development,
the owner shall give written consent to the annexation of the
area shown within the boundaries of the Tentative Map into thc existing City of Carlsbad Street Lighting and Landscaping District No. 1.
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PC RES0 NO. 2357
Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
on site roads and drives subject to the approval of the Fire
Marshal .
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Pire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code . I
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.
Since the emergency fire response time to the project area
exceeds five minutes, all structures must be protected by
automatic fire sprinkler systems, built and installed per
specifications approved by the Fire Marshal.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of September, 1984, by the following vote, to wit:
AYES :
NOES:
ABSENT:
ABSTAIN :
SERRY ROMBO TIS , Chairman CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2357 -10-
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Mr.& Mrs. Paul A. Shaffer 943 Jasmine Ct.
- Carlsbad. CA 92008
We, the undersigned residents of Carlsbad Crest, are opposed to upgrading density as presently Zoned in the proposed Seascape Development. A Planned Community at 4-10 dwellings per acre. Medium range density would be 7.0 DUA. A bonus (25%) for low to moderate income amounts to 1.7 or a total 8.7 DUA. We feel this density range should be maintained to be compatible with our homes. It is no longer affordable housing when rents are in questionable range.
a Seascape type project and feel that rezoning this incompatible project- would be breaking faith with the surrounding community.
We purchased our homes in 2oning that specifically prohibits
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We, the undersigned residents of Altamira, are opposed to upgrading the density as presently zoned in the proposed Seascape Development. A Planned Community at 4 - 10 dwellings per acre. Medium range density would be 7.0 DUA. A bonus (25%) for low to moderate income amounts to 1.7 or a total 8e7 DUA. We feel this density range should be maintained to be compatible with our homes. It is no longer affordable iamm when rents
61 43 Q \* Ir
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I 1.' , We, the undersigned residents of Altamira #4, are opposed to upgrading the density of the proposed Seascape Development as it is not compatible with the surrounding homes.
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We, the anderFigned residents of Altamira #4, are opposed to upgrading the density of the proposed Seascape Development as it is not compatible with the surrounding homes.
L
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1200 ELM AVENUE ' CARLSBAD, CALIFORNIA 92008
b
Office of the Cify Clerk
ditp of Carlsbab
APPEAL FORM
,
TELEPHONE:
(714) 438-5535
I (We) appeal the following decision of the Car-lsbad
Planninq Commission to the City Council:
Project name and number (or subject of appeal):.seascape Villaqe
PCD -,66, Zone Change 312
Date of decision: 9/26/84
Reason for appeal:Armroval of proDosed moiect, & Zone chanse.
/ Lincoln Property Company
Name (Please print)
701 "B" Street, Suite- 845
Address
Difyo. CA 97101
(619) 234 - 7972 Telephone Number
I
PROPERTY OWNERS LIST
PCD - 66 , 2C - 312, MS661
1. APN 214 - 315, - 06, 10, 13, 32. APN 214 - 170 - 67
PACESETTER HOMES, INC.
4540 CAMPUS DRIVE
NEWPORT BEACH, CA 92660
STANDARD PACIFIC OF SAN DIEGO
7290 CLAIRMONT MESA BLVD.
SAN DIEGO, CA 92111
2. THRU 20. APN 214- 441 - 27 THRU 41, 47, 82
STANDARD PACIFIC OF SAN DIEGO
7290 CLAIRMONT MESA BLVD.
SAN DIEGO, CA 92111
21. APN 214 - 171 - 29
OCCIDENTAL PETROLLUM LAND E DEVELOPMENT CO.
C/O PROPERTY TAX DEPARTMENT
P.O. BOX 868
HOUSTON, TEXAS 77001
22., 23 APN 214 - 171 - 30, 35
PLAZA BUILDERS, INC.
16800 DEVONSHIRE STREET
GRANADA HILLS, CA 91344
24. THRU 28. APN 214 - 351 - 01, 02, 03, 05, 08, 09
PACESETTER HoFlES INC.
4540 CAMPUS DRIVE
NEWPORT BEACH, CA 92660
29. APN 214 - 140 -41
CHARLES 3. E ALICE M. KRAMER
6798 PASEO DEL NORTE
WLSBAD, CA 92008
30. APN 214 - 140 - 40
BERON CORP.
822 MUIRLANDS VISTA WAY
LA JOLLA, CA 92037
31. APN 214 - 140 - 08
GEORGE A HILLEBRECHT, INC.
2170 SKYLINE DRIVE
ESCONDIDO, CA 92027
Carlsbad Journal
LOCATION MAP *
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1 ZC-312IPCD46 *' ' - -' mAmAPE
Decreed a Legal Newspaper by the Superior Court of San Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345
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I certify under penalty of perjury that the foregoing is true
and correct. Executed at arlsb ounty of San Diego, State of California on t%e ?&t$
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,