HomeMy WebLinkAbout1985-12-17; City Council; Resolution 83053.
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RESOLUTION NO. 8305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 85-13 FOR AN 80 UNIT
APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED
NORTH OF THE INTERSECTION OF TAMARACK AVENUE AND ELM AVENUE.
APPLICANT: PACIFIC SCENE CASE NO: SDP 85-13
WHEREAS on November 13, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2515 approving SDP 85-13; and
WHEREAS, the City Council of the City of Carlsbad, on
December 3, 1985 held a public hearing to consider the
recommendations and heard all persons interested in or opposed t<
Site Development Plan No. 85-13; and
WHEREAS, the Land Use Planning Manager has determined
that this project will not cause any significant environmental
impacts and, therefore has issued a Negative Declaration dated
October 16, 1985 which was approved by the Planning Commission 01
November 13, 1985 in satisfaction of the requirem-ents of the Citr
of Carlsbad Environmental Protection Ordinance of 1980 and the
California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That
B. That
Resolution No. 25
in this matter.
C. That
the above recitations are true and correct.
the findings of the Planning Commission in
5 constitute the findings of the City Council
Site Development Plan No. 85-13 together with
the provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
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D. That Site Development Plan No. 85-13 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2515, dated
November 13, 1985 marked Exhibit A, attached hereto and made a
part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 17th day of December 1985, by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, and Chick
NOES: Council Member Pettine
ABSENT: None
ATTEST:
YUYZL?5e> ALE~HA L/W TEN~NZ , City Clerk J KAREN R. KUNDTZ, Deputy
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PLANNING COMMISSION RESOLUTION NO. 2515
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVING A SITE DEVELOPMENT PLAN NO. 85-13,
FOR AN 80 UNIT APARTMENT PROJECT ON PROPERTY
GENERALLY LOCATED NORTH OF THE INTERSECTION
OF TAMARACK AVENUE AND ELM AVENUE.
APPLICANT: PACIFIC SCENE
CASE NO: SDP 85-13
WHEREAS, a verified application has been filed with the
:ity of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
3s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 13th day of November, 1985,
2onsider said request on property described as:
A portion of Lot "J" of Rancho Agua Hedionda according to Map 823 filed November 16, 1896; ._
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
ieard, said Commission considered all factors relating to Site
levelopment Plan No. 85-13.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:ommission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of SDP 85-13, based on the
following findings and subject to the following conditions:
Findings:
1) The project is consistent with the City's General Plan since
the proposed density of 12.5 du's/acre is within the density range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan.
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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.
The project is consistent with all City public facility pol- icies and ordinances since:
a)
b)
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The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and
building cannot occur within the project unless sewer
service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
The Carlsbad School District has written a letter, dated
August 23, 1985, stating that school facilities will be available to this project.
All necessary public improvements have .been provided or
will be required as conditions of approval .
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public faciIities 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.
e) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
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 October 19, 1985 and recommended for
approval by the Planning Commission on November 13, 1985.
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.
RES0 NO. 2515 -2-
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7) This project is in conformance with the Calavera Hills Master
Plan which designates this site for development with multi-
family units.
conditions:
Approval is granted for SDP 85-13, as shown on Exhibits "B" - "I", dated September 30, 1985, 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 note shall be placed on the final
map.
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 September 21, 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.
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.
The applicant shall prepare a 24"x36" 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.
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.
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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 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 Land Use Planning Manager and Building and Planning Director .
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.
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 Land Use Planning
Manager .
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.
Approval of SDP 85-13 is granted subject to approval of CT 85-
30.
The swimming pool in the common recreation area shall have a length of at least 45 feet. Barbeque facilities, tables and benches shall be added to the common recreation area.
Cement benches shall be located in each of the passive recreation areas.
Ground level patios shall be enlarged to the satisfaction of
the Land Use Planning Manager. The boundaries of these
patios shall be delineated by low walls or hedges.
A low screening wall shall be constructed between parking stalls and the buildings to prevent car headlights from shining into ground level dwelling units. A heavy landscape screen may be substituted subject to approval of the Land Use Planning Manager.
Approval of this site development plan shall be valid for a period of two years from the date of approval. If building permits are not issued within this two year period this
approval shall become null and void.
PC RES0 NO. 2515 -4-
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The northerly edge of the project shall be heavily landscaped to provide an adequate buffer between the apartment units and
the duplex units to the north.
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.
ENGINEERING CONDITIONS
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The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled 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.
Upon completion of grading, the developer shall ensure-that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a 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 project 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.
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. shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to
The basins and erosion control measures shall be
PC RES0 NO. 2515 -5-
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the start of any other grading operations. Pr,or 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 developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by 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 any grading or building permit
for this project.
The developer shall make an offer of dedication to the..City
for all public streets and easements required by these
conditions or shown on the site development plan. The offer
shall be made by a Certificate on the Final Map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated,
Direct access rights for all lots abutting Harwich Drive shall be waived on the final map.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the tentative map and the following improvements to City Standards
to the satisfaction of the City Engineer:
A) Harwich Avenue full width through Village L-1 and half-
width, 28 feet of pavement in a 60 foot minimum right-of-
way, through Village K to its intersection with Glasgow
Drive. Glasgow Drive shall be constructed half width
from its present northerly terminus to Harwich Drive
along the frontage of Village E-2. This shall include
sidewalk and curb adjacent to the park site. Elm Avenue shall be constructed half width from its easterly terminus to Glasgow Drive along the frontage of Village E-
2. This shall include sidewalk and curb adjacent to the park site. 4 PC RES0 NO. 2515 -6-
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B) All sewer, water and drainage facilities to serve th-s
subdivision.
C) "A" Street, half-street plus 12 feet wide, except where
entire portion lies within the boundary of this
subdivision, that portion will be full width (60').
D) Harwich Drive and "A" Street, offsite to complete a 90"
intersection (full width).
The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards.
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.
The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water .agencies regarding services to the project.
Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this site plan.
The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of any
grading or building permit for this project. The 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.
All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity.
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 except in parking bays provided.
Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without acquistion of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
?C RES0 NO. 2515 IC -7-
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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.
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 (Name of Engineer) Date:
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. prior to improvement plan submittal and shall be 24" x 36" in size and of a quality and material satisfactory to the City
Engineer .
The plan copy shall be submitted to the City Engineer
Prior to for this project, the owner shall give written
consent to the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad
Street Lighting and Landscaping District No. 1.
?ire Conditions
28) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
?C RES0 NO. 2515 -8-
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All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department €or approval
prior to construction,
Building exceeding 10,000 sq.ft. aggregate floor area shall be
sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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ire Conditions
Additional public and/or onsite fire hydrants shall be provided 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 onsite roads and drives to the Fire Marshal for approval,
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 located on the project site.
Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape Guidelines Manual.
'lanning Commission of the City of Carlsbad, California, held on
:he 13th day of November, 1985, by the following vote, to
?it:
AYES: Chairman Schlehuber, Commissioners: L'Heureux,
Marcus, McFadden, Smith, Holmes & Hall.
NOES : None .
ABSENT : None ,
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
A !ITTEST:
MICHAEL J. HOLZMILLER
PC RES0 NO. 2515 -9-
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