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HomeMy WebLinkAbout1984-12-18; City Council; 7966-1; Appeal - Zone Change - Seascape\B# 7966-#1 d~~.12/ 18/ 8 4 EPT. CA DEPT. HD.- CITY AlNa CITY MOR. APPEAL - ZONE CHANGE AND PLANNING UNIT APARTIENT PROJECT ZC-312/PCD-66 - SEASCAPE TITLE: COMMISSION DETERMINATION FOR A 244 RECOMMENDED ACTION: If the City Council wishes to approve ZC-312 and the apartment project at the density of 208 units your action is to introduce Ordinance No. 97k/< and adopt Resolution No. 7pr/y . ITEM EXPLANATION The City Council at your meeting of December 4, 1984 directed the City Attorney to prepare the necessary documents to approve ZC-312/PCD-66 for a 208 unit apartment project - Seascape. The documents are attached. The resolution approving the project incorporates all of the conditions of approval originally recommended by staff at the initial Planning Commission hearing on the project. The Land Use Planning Manager indicates that there is no need for any additional conditions. EXHIBITS ordinance No. Resolution No. I 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 ORDINANCE NO. 9745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-312) FROM PC (PLANNED COMMUNITY) TO RD-M (RESIDENTIAL DENSITY MULTIPLE) ON 21.56 ACRES OF LAND GENERALLY LOCATED BETWEEN CAMINO DE LAS ONDAS AND BUTTERCUP ROAD EAST OF PASEO DEL NORTE: APPLICANT: SEASCAPE CASE NO: ZC-312 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 210f the Carlsbad Municipal Code is amended by the amendment of a zoning map from PC Community) to RD-M (Residential Density Multiple) shown on the map marked ZC-312 - Exhibit X, dated 4 attached hereto and made a part hereof. 5 :$YE .. _I Planned on property as 9/6/84 I SECTION 2: This project is approved-u the express condition that the applicant shall pay a public ilities fee a2 required by City Council Policy No. 17, dated fi'kust 29, 1979, and amended on April 2, 1982, on file withkh $ity 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 ' 'S consistent with shall be void. 982 version of paid as promised, this application will not be the General Plan and approval for this project Said fees shall be paid based on the April 2, Policy No. 17. /// /I/ /// 1 2 3 4 5 e 'i € < 1( 1: 1: t 0 11 1' 21 2 2 2 2 f- -, EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1984 and thereafter 18th day of PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of ~amzary , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, and Chick NOES : council Melnber Pettine ABSENT: None JL MARY H. gASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City C@rk (SEAL) 3 r EXHIBIT X PC 1 \ t CAMINO 9-6-84 RD- FROM PC TO RD-M SEASCAPE I ZC-3 12IPCD-66 A' 1 2 3 4 5 6 7 E 9 1C 11 1E 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A 208 UNIT APARTMENT PROJECT ON 21 -56 ACRES OF LAND GENERALLY LOCATED BETWEEN CAMINO DE LAS ONDAS AND BUTTERCUP ROAD EAST OF PASEO DEL NORTE. CASE NO: ZC-312/PCD-66 . APPLICANT: SEASCAPE a WHEREAS, the applicant has asked for City Council approval of a 208 unit project on the following described property : _. Lots 100 and 101 of Carlsbad Tract No. 73-23, according to Map No. 8081 filed February 28, 1975, WHEREAS, the Planning Commission on September 26, 1984 and the City Council on November 20, 1984 and December 4, 1984 held duly noticed public hearings to consider the application, and; WHEREAS8 the Land Use Planning Manager has determined that this project will not cause any significant environmental effects and has issued a Negative Declaration dated July 30, 1984 which is hereby approved in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance , and : WHEREAS, at the hearings the City Council heard and considered all testimony and arguments of all persons desiring to be heard, NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council makes the following findings 5 .~ . 1 2 3 4 5 6 7 8 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 P T FINDINGS : ' ( In regard to PDC-66 Seascape ) 1. 2. 3. 4. 5. 6. The proposed project is consistent with the City's General Plan and the proposed density of 7.96 du's/ac is within 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. The overall density of 9.95 is still within the range. The project justified the higher end of the density because: a) The open space and recreation areas greatly exceed the amount required . b) There is a need for apartment units in the immediate 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 policies and ordinances since: a) The City Council 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. e) 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 use since surrounding properties are designated for residential development on the general plan and developed at similar densities. 2. 1 2 3 4 5 6 7 e 9 IC 11 li 1E 1: 2( 2: 2: 2: 21 2! 2( 2' 24 - '3. That the City Council approves PDC-66 Seascape for a 208 unit apartment project subject to the following conditions: CONDITIONS: 1. 2. 3. 4. 5. 6. Approval is granted for PDC-66, as shown bn Exhibit "A" - "B", dated September 13, 1984, revised December 4, 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 . This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by the 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 appication 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 the 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 dat of project approval . Water shall be provided to this project pursuant to the Water Service Agreement between City of Carlsbad and the Costa Real Water District, dated May 25, 1983. Land Use Planning Conditions: 7. The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 3. 1 2 3 The applicant shall submit a street name list consistent with the City's street name policy subject to the Land Use Planning Manager's approval prior to final 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. The develope1 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. 4 5 6 7 e 9 1c t 0 1E 1Z 2( 21 22 21 24 2: 2t 2: 21 a. 9. 10. 11. 12. 13. 14. 15. 16. 17. The applicant shall prepare a detailed landscape and irriqation 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 5 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 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. to installation of such signs. -_ 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. 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 or 9.95 shall not be valid until the City Council approves the agreement to insure the availability of low or moderate income housing pursuant to Seciton 50093 of the State Health and Safety Code. Enqineering Conditions: 18. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 4. 19. 20. 21 0 22. 23. 24. 25. 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 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 contour 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 properties. 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 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 regard 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 construct temporary desiltation/detentioI 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 01 approved by the City Engineer. The developer shall maintail 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. 1 2 3 4 5 6 7 E s 1c 13 n 1t l! 2( 2: 2; 2; 2d 2! 2( 2' 24 26. 27. 28 . 29 . 30 . 31. 32. 33. 34 . 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 Engineer. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final jnap. 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 basis (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. 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 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. The improvements are: 6. /c 1 2 4 5 6 7 € s 1C 11 P 1t 1E 2( 21 2: 2; 24 2: 2t 2: 2t a) 'Camino De Las Ondas to one-half width plus an eight foot wide land to sixty-eight foot wide collector street standards along its frontage with this project. Lane width shall be measured to curb face. b) Removal and replacement of the existing 16 inch diameter water main in the portion of Camino De Las Ondas required herein. x c) "A" Street to full width 60 foot wide collector street standards from Camino De Las Ondas to Buttercup Road. d) Buttercup Road to full width 60 foot wide collector street standards within the project. e) Storm drains as shown on the site plan and extending northerly with a curb inlet and stub on the northerly side of Camino De La Ondas. f) All public improvements shown on the site plan. g) Street lights. omitted if the developer: 35. The sidewalk on the westerly side of "A" Street may be a) Constructs a sidewalk as shown on the cross-section of "A" Street as shown on the site plan. b) Provides a permanent non-exclusive 15 foot wide easemenl for pedestrian purposes. 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. 36. Slope setbacks shall be observed in accordance with City standards. A minimum five foot wide bench shall be providec 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. 37. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 38. The design of all private streets and drainage systems shal be approved by the City Engineer prior to approval of the final map. The structural section of all private streets 7. 1 2 3 4 5 6 7 a 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 39 . 40 . 41. 42. 43. shall conform to City of Carlsbad Standards based on R-valu 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 approval o the final map. All private streets, drainage systems, slopes and other private facilities shall be maintained hy the owners of the pro j e c t in pe rpe t u i t y . 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-tenant at any time" 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 to the Carlsbad City Council to fund the design and construction of the improvements for the Poinsettia/I-5 Interchange and signalization and improvements to adjacent streets. 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. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally, thc 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. 1 2 3 4 5 6 7 8 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 44 . 45. 46. 41. 48. 49 . 50. 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, STATE: a TELEPHONE: BY: DATE : (Name of Engineer) -- R.C.E. NO. The developer shall provide the City with a 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. 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 the existing City of Carlsbad Street Lighting and Landscaping District No. 1. 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 required if deemed necessary by the Fire Marshall. 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 Marshall. 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/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 9. 13 1 2 3 4 5 6 7 9 10 11 12 1E 1s 2c 21 22 22 24 25 26 27 28 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 prior to construction. 52. An all weather access road shall be maintained throughout construction. Proposed security gate systems shall be provided with nKnoxn key operated override switch, as specified by the Fire Department. walls will not be constructed. 53. 54. Access to all buildings is satisfactory provided perimeter PASSED, APPROVED AND ADOPTED at a regular meeking of the Carlsbad City Council, held on the 18th day of 1984 by the following vote, to wit: AYES: Council l&kers Casler, Ms, Kulchin and Chick NOES : council Fettine ABSENT: None ATTEST: ALETHA L. RAUTE 10.