HomeMy WebLinkAbout1986-06-03; City Council; Resolution 8594RESOLUTION NO. 8594
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SITE DEVELOPMENT PLAN 85-11 FOR A 74 UNIT
APARTMENT PROJECT WEST OF ALTISMA WAY BETWEEN CARINGA WAY AND ALICANTE ROAD.
APPLICANT: ALICANTE VIEW APARTMENTS CASE NO: SDP 85-11
WHEREAS on April 23, 1986 the Carlsbad Planning
Commission adopted Resolution No. 2516 approving SDP 85-11; and
WHEREAS, the City Council of the City of Carlsbad, on
May 13, 1986 held a public hearing to consider the recommenda-
tions and heard all persons interested in or opposed to Site
Development Plan No. 85-11; and
WHEREAS, said Site Development Plan has been declared tl
have a nonsignificant impact on the environment and a Negative
Declaration dated November 27, 1985 was prepared, approved and
filed by the Planning Commission on April 23, 1986 in
satisfaction of the requirements of the City 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 the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2516 constitute the findings of the City Council
in this matter with the addition of the following:
1. Finding (3)(c) is amended to read as follows:
"(3) (c) This applicant has agreed and is required by
the inclusion of an appropriate condition to pay a public facilities fee pursuant to City Council Policy No. 17, and other
development fees which the Council may adopt pursuant to
Ordinance No. 9791. Performance of the agreements and payment o
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the public faclities fee and any other development fees as may be
adopted by City Council ordinance or resolution enables this body to find that public facilities will be available concurrent with need as required by the General Plan."
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.
2. Subparagraph (3) (e) has added to read as follows: 3 11
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~ Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2516, dated
April 23, 1986 marked Exhibit A, attached hereto and made a
part hereof, with the addition of the following: :
1. Condition No. 3 is amended to read as follows:
"4. This project is also approved under the express
condition that the applicant pay the additional public faciilties
fee adopted by the City Council on April 22, 1986 and any
development fees established by the City Council pursuant to
Ordinance No. 9791 or subsequent ordinance adopted to implement e. growth or development management system or public facilities phasing plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 8, 1986 a copy of which is on
file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent
with the General Plan and approval for this project shall be
void . 'I
"(3)(e) The applicant has complied with or is required as a condition of the approval to comply with all provisions of City Council Ordinance No. 9791 and with any development management system or public facilities phasing plans which may
subsequently be adopted by the City Council."
C. That Site Development Plan No. 85-11 together with
D. That Site Development Plan No. 85-11 is hereby 11
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2. Condition No. 52 has been added to read as follows:
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"52. No building permits shall be approved for this
project unless at the time of the application for such permits the developer has complied with the provisions of City Council
Ordinance No. 9791 or any subsequent ordinance adopted by the
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City Council to implement a growth or development management
system or public facilities phasing plan for the City or of any
growth or development management system or regulation which may be adopted by popular vote of the citizens of Carlsbad. Additional conditions may be applied to this site development plan as the City Council determines necessary to implement said
plan, system, and regulation."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
3rd day of June , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Chick
NOES : Council Member Pettine
ABSENT: None
k1/.&L
MARY H. PASLER, Mayor
ATTEST :
L2ldLd4CA ALETHA L. RAUTENKRANZ, City Cle
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PLANNING COMMISSION RESOLUTION NO. 2516
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN NO. 85-11,
TO DEVELOP A 74-UNIT APARTMENT PROJECT ON
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ALTISMA WAY BETWEEN CARINGA WAY AND
ALICANTE ROAD. APPLICANT: ALICANTE VIEW APARTMENTS CASE NO.: SDP 85-11
WHEREAS, a verified application has been filed with the Cit
~f Carlsbad, and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as
brovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
.he Planning Commission on the 11th of December, 1985, the 8th of
'anuary 1986 and the 23rd of April 1986, considered said request on
broperty described as:
Lots 229, 230, 231, 232 of Map No. 6730, dated
September 8, 1970, City of Carlsbad, County of San
Diego.
WHEREAS, at said hearing, upon hearing and considering all
.estimony and arguments, if any, of all persons desiring to be
ieard, said Commission considered all factors relating to Site
ievelopment Plan No. 85-11.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
lommission of the City of Carlsbad as follows:
t) That the above recitations are true and correct.
1) That based on the evidence presented at the hearing, the
Commission recommends APPROVAL of SDP 85-11, based on the
following findings and subject to the following conditions:
'ind ing s :
1) The project is consistent with the City's General Plan since
the proposed density of 14.4 du's/acre is within the density range of 8 - 15 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 th
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a)
b)
C)
d)
The Planning Commission has, by inclusion of an appropriat
condition to this project, ensured building permits will not be issued for the project unless the City Engineer
determines that sewer service is available, and building
cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfie
that the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply to sewer service for this project.
The San Marcos School District has written a letter, dated
October 23, 1985, stating that school facilities will be
available to this project.
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.
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 November 2, 1985 and recommended for approval by the Planning Commission on April 23, 1986.
This project requires the construction of the improvements or
facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a direc
need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are no 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.
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Conditions:
Approval is granted for SDP 85-11, as shown on Exhibits -
"HI1, dated July 25, 1985, incorporated by reference and on fil in the Planning Department. 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 sewe
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 Cit 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 October 24, 1985, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not
be consistent with the General Plan and approval for this
project shall be void .
The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
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 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" x 36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
The applicant shall prepare a detailed landscape and irrigatio plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits,
whichever occurs first.
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~11 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.
Heavy landscaping shall be installed at carport locations as
indicated on Exhibit "C", dated July 25, 1985. The landscapin5
shall provide a view obscuring screen to shield parked cars anc
shall be approved by the Planning Director.
Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director .
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of
the Planning and Building Directors.
Building identification and/or addresses shall be placed on al: new and existing buildings so as to be plainly visible from thc street or access road; color of identification and/or addresse:
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 0: this sign shall be approved by the Planning Director.
If any condition for construction of any public improvements o facilities, or the payment of any fees in lieu thereof, imposec
by this approval or imposed by law on this project are challenged this approval shall he 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.
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Engineering Department:
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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 grading by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
No grading shall occur outside the limits of the project unles 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.
The developer shall regrade the slopes adjacent to Altisma Waq and Alicante Road (N.W. corner) to provide adequate sight distance. (P5 Std. Design Criteria)
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any propost
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 offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a periot
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
E ng i neer .
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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 harmle: agreement regarding 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 fc
all public streets and easements required by these conditions or shown on the Site Development Plan. The offer shall be mal prior to issuance of any building permit for this project. AI
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 .
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 c any portion of the project for any purpose. The improvements are:
a) Sewer, water, fire protection and storm drain facilities
b) The circulation, access and turnaround systems proposed or to serve this project.
the site development plan for this project.
Unless a standards variance has been issued, no variance from
City Standards is authorized by virtue of approval of this sit
plan.
The developer shall construct private street accesses to publj 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", 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 k met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
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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 stair access to Alicante Road tc
serve this project. These stairs shall be incorporated into the grading plans for this development.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with Cit of Carlsbad Standards prior to occupancy of any buildings.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
The design of all private streets and drainage systems shall t
approved by the City Engineer prior to issuance of any gradins or building permit for this project. The design of all privat streets shall conform to City of Carlsbad standards of public streets. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected bj the city, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any buildir or grading permit for this project.
All driveways and drain systems shall be maintained by the
property owner.
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 signc
and sealed on their first page. Additionally the first sheet
of each set of plans shall have the following certificate:
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"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)
R.C.E. NO. #
Date :
The developer shall provide the City wlth a (24" x 36") reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan s ubmi t t a1 .
Before and as a condition of obtaining a final map, or final
development permit or site plan approval under Title 21 of t.,e
Carlsbad Municipal Code, the subdivider shall enter into a
contract with the City whereby the subdivider covenants on
behalf of the subdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district for the southern area of the City.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is
located.
c) Payment of the traffic impact fee established pursuant to Chapter 18.42 of the Carlsbad Municipal Code.
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L4) Building permits for this project shall not be issued unless
the applicant, as a condition of the building permit complies
with the provisions of City Council and Ordinance No. 9791 or
any subsequent ordinance or establishing a development management system, or public facilities financing or phasing programs ‘as referenced in Ordinance No. 979 1 .
?ire Department
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Additional public and/or onsite fire hydrants shall be providec
if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan
showing locatlons 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.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
’lanning Commission of the City of Carlsbad, California, held on
:he 23rd day of April, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Holmes & Hall.
NOES : None.
ABSENT : Commissioner Smith.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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