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HomeMy WebLinkAbout1979-09-12; Planning Commission; Resolution 15441 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 W w PLANNING COMMISSION RESOLUTION NO. 1544 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR THRITY-NINE CONDOMINIUM UNITS LOCATED ON THE SOUTH- WEST CORNER OF EL FUERTE AND SANTA ISABEL STREETS IN LA COSTA. CASE NO. : CT 79-7/CP-10 APPLICANT: Harry Fries ~~ ~ ~~~ WHEREAS, a verified application for certain property, to Lots 402 through 406 inclusive, of La Costa Meadows, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map 6905, filed in the office of the County Recorder of San Diego County, April 21, 1971, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, a Declaration of Negative ENvironmental Impact 1 been issued for this project, based on the following justific; 1. The subject property has been previously graded and is dc of any significant flora and fauna, or any historical or unique environmental resources. 2. The City's condominium and grading ordinances will adequ' serve to mitigate any potential adverse impacts which co' be generated by the project. 3. The proposed condominium development is consistent with City's land use plan, and with the trend of development the La Costa area: and WHEREAS, the Planning Commission did, on August 22, 1979 hold a duly noticed, public hearing as prescribed by law, to consider said request: and WHEREAS, at said public hearing, upon hearing and consid all testimony and arguments, if any, of all persons desiring I/ W w 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 i to be heard, said Commission considered all factors relating the Carlsbad Tract (CT 79-7/CP-10) and found the following fa and reasons to exist: Findings 1) The proposed project is consistent with the General Plan since it is within the density range allowable under the current General Plan land use designation. 2) The site is physically suitable for the type and densit1 of the development since the site is adequate in size and shape to accommodate residential development at the proposed density and still meet all the requirements of the City's condominium ordinance. 3) The project is consistent with all City public facility policies and ordinances since: a) The applicant is on the Leucadia County Water District's sewer allocation list, and sufficient sewer hookups have been reserved for the project. b) The Planning Commission finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commissic has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, 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 condominium permit and tentative map approval. c) School fees to mitigate conditions of overcrowding are required at the time of building permits pursuant to Chapter 21.55 of the Carlsbad Municipal Code. // // -2 I 1 ~ I/ v w 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 I d) Water service will be provided by the San Marcos County Water District, and the applicant is required to comply with their rules and regulations. e) Gas and electric service will be provided by San Diego Gas & Electric. f) All necessary public improvements have been either provided or will be required as conditions of approval. g) In the absence of contradictory evidence, the Planning Commission finds that all other necessary public facilities will be available or will be provided concurrent with need. 4) The design of the development and required improvements will not cause any substantial environmental impacts, and a declaration of negative environmental has been made finding that: a) The subject property has been previously graded and is devoid of any significant flora or fauna, or any historical or unique environmental features b) The City's condominium and grading ordinances will adequately serve to mitigate any potential adverse impacts which could be generated by this project. c) The proposed condominium development is consistent with the City's land use plan, and with the trend of development in the La Costa area. 5) The proposed condominium project meets the criteria of the condominium ordinance since: a) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and other requirements of the condominiu ordinance have been met or will be made conditions of approval. b) The condominiums meet the design criteria of the condominium ordinance since the overall plan is comprehensive, embracing land, buildings, land- scaping and their relationships. WHEREAS, the Planning Commission, by the following vote recommended approval of CT 79-7/CP-10, .subject to certain conditions: 28 .3 I1 w w 1 /I Conditions 2 3 4 5 1) Approval is granted for the portion of land described in the application, CT 79-7/CP-10, and all attachments thereto; and development shall be performed s.~b-stantial as shown on CT 79-7/CP-10, Exhibit A, B, C-1, C-2, D-1 and D-2, dated August 2, 1979, on file in the Planning Department Office, except for Modifi’cations required herein. 1 6 2) The applicant shall comply with all rules and regulatiol of the San Marcos County Water District regarding water existing public water system be deemed appropriate by will be required to provide the complete system. 7 service to the condominium project. Should extensions 1 8 9 the San Marcos County Water District, the developer 3) The applicant shall prepare a reproducible copy of the ments of the condominium permit approval, and shall be 10 subject to the approval of the Planning Director. 11 final condominium site plan incorporating all require- 12 applications. These fees shall be based on the fee 13 4) The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit schedule in effect at the time of building permit. 14 15 16 17 18 19 I 5) The applicant shall submit, prior to final map approval a detailed landscape and irrigation plan for the approval of the Planning Director. Said plan shall utilize, to the maximum extent feasible, drought tolera plant species and water conservation features. The landscape and irrigation system shall be installed immediately upon completion of grading and, if necessar temporary water connections shall be made prior to the installation of the required subdivision improvements. 20 6) This subdivision and condominium plan is approved upon the express condition that the final map shall not be of such approval that sewer service is available to 21 serve the subdivision. 22 approved unless the City Council finds as of the time 23 24 25 26 27 7) This subdivision condominium plan is approved upon the express condition that building or grading permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. 28 /I // .4 I! w W 1 8) A water system and fire hydrants shall be provided by the applicant subject to the approval of the Fire 2 Marshal. 3 9) In order to provide for fire protection during the con- hydrants with required fire flows shall be installed as struction period, the applicant shall maintain passable 4 recommended by the Fire Department. 5 vehicular access to all buildings, and adequate fire 6 10) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking 7 Fire Access Lane. '' 8 11) Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifi 9 at 40 foot intervals along all public street frontages. 10 11 12 13 14 12) Prior to the issuance of building permits, the applicant shall establish covenants, conditions and restrictions for the condominium development which prohibits the erection or construction of any fence or barrier within the development between and/or around the individual dwelling units, except that a fence may be allowed which encloses only the patio area adjacent to each unit. Said CC&R'S shall be subject to the review and approval of the Planning Director. 15 13) The developer shall install standard city street lights of the City Engineer prior to occupancy of any units. 16 along all public street frontages to the satisfaction 17 18 19 20 21 22 23 24 25 26 i 14) The developer must receive the approval of the City Engineer for the improvement plans, enter into the appropriate improvement agreement, post the required security for the construction of public improvements and pay the appurtenant fees prior to the recordation of the final map. IS) The developer shall receive the approval of the City Engineer for a site grading plan prior to any construct: being performed within the project site. 16) Grading shall occur in accordance with an approved grading and erosion control plan, City standards, and an approved soils and geologic investigation report (which shall include slope stability calculations and construction specifications). All exposed slopes shall be hydromulched or otherwise stabilized prior to the issuance of building permits. 27 17) Drainage improvements shall be constructed in accordanc with the overall plan for grading and erosion control. 28 with an approved plan, and the work shall be coordinate .5 1 2 3 18) 4 5 6 7 8 9 19) 10 20) 11 .12 21) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22) // // // - W All facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the subdivision ordinance, and other City standards approved by the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. All improvement plans for water and sewer service shall meet the requirements of the respective service districts. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the City Engineer. All land and/or easements required by this subdivision shall be granted to the City, without cost to the City, and free of all liens and encumbrances. At the time of filing for final map, the applicant shall provide a list of at least three street names for each proposed street, subject to the approval of the Planning Director. These names shall conform to the current City Council policy regarding names for this region of the City. Immediately upon the completion of grading, all slopes in excess of 10 feet in vertical height shall be stabilized by hydroseeding, mulching and fertilization. The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes taken at a maximum interval of 500 feet, and shall be approved by the Parks and Recreation Director. The seed mix shall be designed so as to include the maximum number of indigenous species as feasible without reducing the effectiveness of the erosion protection. The mulch shall be applied at not less than 2,000 lbs/acre., and the fertilizer at not less than 1,000 lbs/acre., or acceptable alternative. AYES : Schick, Wrench, Marcus, Jose NOES : L'Heureux, Rombotis ABSTAIN: None ABSENT : Larson .6 w w 1 2 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing recitations are true and correct. 3 4 5 6 7 ATTEST : 8 II /"T 1 n CARLSBAD PLANNING C@MISS: 12 13 14 15 16 17 18 19 i 2o 21 22 23 24 25 26 27 28 I I -7 ~ 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 I i ~ i ~ W W STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD 1 ss I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 12th day of September, 1979 by the following roll call vote: AYES : L'Heureux, Rombotis, Schick, Marcus, Jose NOES : None ABSTAIN : Lar son ABSENT : Wrench ~ CT 79-7/CP-10 I