HomeMy WebLinkAbout1979-09-12; Planning Commission; Resolution 15441
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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
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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
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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.
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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:
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1 /I Conditions
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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
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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-
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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.
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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
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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.
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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
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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.
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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
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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
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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
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NOW, THEREFORE, BE IT HEREBY RESOLVED, that the
foregoing recitations are true and correct.
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ATTEST :
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CARLSBAD PLANNING C@MISS:
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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
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