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HomeMy WebLinkAbout1980-03-26; Planning Commission; Resolution 1611.. ' '. *I 1 2 3 4 5 6 0 (I) PLANNING COI'-!IIIISSION RESOLUTION NO. 1611 A RESOLUTION OF THE PLANNING COF.'II'~TISSION OF THE CITY OF CARLSBAD, CALIFOXNIA, EIECOBDIENDING APPROVAL OF A 294 UNIT CONDOMINIUM DEVELOPMENT WEST OF EL CMINO REAL AND ON THE NORTH AND SOUTH SIDES OF HOSP WAY. APPLICANT : BROADMOOR HO"ES CASE NO: CT 79-27/CP-44 7!l WHEREAS, a verified application for certain property, 811 to wit: 9 10 11 Parcel 1: Portion of Section 32 Township 11 S., fiange 4 W. SBM, Parcel 2: Portion of Section 32 Township 11 S., Range 4 W. SBP4 & Portions of Lots 12 & 13 in Eosp Eucalyptus Forest Co. Tract No. 1, ?'lap No. 1136 filed in San Diego County, June 8, 1908. l2 I/ has been filed with the City of Carlsbad, and referred to the l3 11 Planning Commission; and l4 II WHEREAS, said verified application constitutes a request l5 I been prepared and a Negative Declaration issued based on the I' Ordinance. An Environmental Impact Assessment (Log No. 639) l8 review as required in Title 19, the Environmental Frotection l7 16 as provided by Title 21 of the Carlsbad Municipal Code; and 2) The site is devoid of any significant flora or fauna and 23 pads and streets. grading activities which have established rough building 22 1) The subject property has been disturbed through previous 21 following justification: 2o 24 25 26 27 WHEREAS, this project has been processed through environ any unique or historical environmental resources. 3) Through the development of the site, the applicant will be required to implement slope stabilization and erosior control measures as required by the City Engineer. This will serve to reduce erosion problems presently existing on the site. 28 I/ //// 11 ' I ,. '< .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3.7 18 19 20 21 22 23 24 25 26 27 28 I1 e e 4) Since the area surrounding the project site has been generally committed to urban development, the project wi not result in significant impacts to any environmental resources in this immediate area. WHEREAS, the Planning Commission did, on the 12th day of March, 1980, 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 be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comtission as follows: A. That the above recitations are true and correct. B. That based on the evidence presented at the public heari the Commission finds the following findings and conditio to exist: Findinss 4 1) The proposed project is consistent with the city's curre General Plan since the project meets the suggested maxim density of 10 du/acre. An open space corridor will be reserved along the northern most slope, and as condition the development is consistent with all other elements of the General Plan and with the intent of the Specific Pla applied to this property. 2) The site is physically suitable for the type and density of the development since the site is adequate in size an shape to accommodate residential development at the proposed density and still meet all the requirements of the city's condominium ordinance and subdivision regulations. 3) The project is consistent with all city public facility policies and ordinances since: a. Adequate sewer is immediately available to serve the proposed development. b. The Carlsbad Unified School District has ensured that adequate school facilities will be available concurrent with need to serve this development. -2- PC RES0 #1611 1 *. ', 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 e e l I c. Adequate water and gas and electric service will be available to serve the development. d. All necessary public improvements have been either provided or will be required as conditions of appro' e. All other public facilities necessary to serve the project will not be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the requireme] of the public facilities element of the General Plan have been satisfied. 4) The design of the project and all required improvements will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on February 18, 1980, Log No. 639. 5) The proposed condominium project meets the criteria of Chapter 21.47 (condominiums) since: a) The condominium meets the design criteria of Chapter 21.47.110 since the overall plan is comprehensive embracing land, buildings, landscapinc and their relationships, the driveways are not dominant features, and sufficient circulation and on-site amenities are provided. b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and requirements of Section 21.47.130 have been met or will be made conditions of approva: 6) The design of the subdivision and the proposed improveme1 will not cause any serious public health problems. 7) The design of the sudivision and type of improvements wi: not conflict with easements for public access through or use of the subject property. Conditions 1) Approval is granted for CT 79-27/CP-44 as shown on Exhibits A, B, C, D & E to CT 79-27/CP-44 dated February 22, 1980, on file in the Planning Department and incorporated by reference. Development shall occur substantially as shown on these exhibits unless otherwisc noted in these conditions. PC RES0 #1611 -3- I1 &- - ,, II e e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all requirements of the condominium permit approval and shal be subject to the approval of the Planning Director prior to approval of the final map for Phase I. 3) The subject property shall be subject to the RD-M zoning standards as they relate to permitted and conditional uses, building height, and setbacks and yards. 4) Prior to approval of the final map for Phase I, the appl shall submit a revised landscape and irrigation plan sub to the approval of the Planning Director. Said plan shall include changes to the landscaping as required by the Parks and Recreation Director, plus additional pedestrian pathways, stairways, sidewalks and crosswalks Said plan shall address adequate screening of all structures, in addition to convenient access between the units and the recreational open space areas and parking areas. Said landscape plan shall also include embossed pedestrian crosswalks. 5) Additional visitor parking for units located in the southern and eastern most portions of the site shall be provided and shown on the final condominium site plan and final map, subject to the approval of the Planning Director. 6) All parking structures shall be individual garages, equiped with garage doors and garage door openers. 7) Fire retardent roofs shall be required on all structures 8) In order to provide for fire protection during the construction period, the applicant shall maintain pasabl, vehicular access to all buildings. In addition adecruate fire hydrants with required fire flows shall be installel on and off-site as required by the Fire Chief or his designee. 9) A report of a geotechnical investigation and a grading plan of the site shall be contracted by the applicant and submitted to the City Engineer prior to the issuance of grading permits. The report shall be prepared by a civil engineer and a geologist licensed by the State of California and experienced erosion control and slope stability. At the conclusion of grading they shall prepare an "as-graded" plan showing the grading as performed and the existing geologic conditions and they shall certify the adequacy of the site for development. //// //// PC RES0 #1611 -4- I. .c- ,& e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 10) 11 1 12 1 13 1 14 1 15 1 I ~ 16) I ~ I All cut and fill slopes shall be no steeper than 2 horizontal to 1 vertical unless a geotechnical report by a registered civil engineer demonstrates that slope stability and erosion resistance of a steeper slope are adequate and it is approved by the City Engineer. All exposed slopes shall be hydroseeded by the applicant or otherwise stabilized immediately upon completion of grading activities. All previously manufactured slopes which are to remain essentially intact shall be smoothed, recompacted and hydroseeded. No grading may be performed during the rainy season (November 1 to April 15) unless an erosion control plan - including desiltation basins, etc.,- is submitted as part of the grading plan and is approved by the City Engineer. All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This requirement shall be included in the CC&R's. This condition excludes all drainage easements granted to the City of Carlsbad. The maximum grade on any private street shall not exceed 14%. Streets with grades in excess of 12% shall be paned with portland cement concrete. The design of all private streets and drainage shall be approved by the City Engineer. The structural section of all private streets shall conform to the City of Carlsbad standards based on R-value tests. All private streets and drainage shall be inspected by the city and standard improvement plan check and inspection fee shall be paid. 2o 21 17) Any remaining public improvements in the El Camino Real and Hosp Way half street sections along the subdivision 22 frontage (sidewalks, concrete median curb, street lights or others) shall be installed to conform to the City 24 18) An improvement agreement shall be entered into and a 23 of Carlsbad standards as part of Phase I construction. bond posted to insure the future construction of the Elm Avenue half street section along the subdivision frontage prior to recordation of the final map for Phase 25 26 Carlsbad standards based on a 60 foot right-of-way 27 width and shall be extended off-site to Monroe Street prior to the issuance of an occupancy permit for any unit in Phase V. The developer shall secure any 28 additional land required to fulfill this condition. 19) Hosp Way shall be dedicated and improved to City of PC RES0 #1611 -5- '; .c- ,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 * e 20) Street trees of a variety approved by the Parks and Recreation Department shall be installed to city specifications at 40 foot intervals along all public strc frontages. 21) The developer shall install standard city street lights along all public and private street frontages to the satisfaction of the City Engineer. 22) The water distribution and sewage collection systems shall be subject to the approval of the City of Carlsbad and shall be dedicated to the city together with the necessary easements free of liens and encumbrances prior to the recordation of the final map for each affected phi 23) Land for park purposes shall be dedicated and/or park-in-lieu fees shall be paid to the city prior to the approval of the final map for Phase I, as per Chaptel 20.44 of the city's subdivision regulations. 24) Prior to final map approval for Phase I, the applicant SI guarantee to the satisfaction of the City Engineer that the slopes on the subject property along Marron Road and El Canino Real shall be privately maintained as open spa( 25) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by the City Council Policy No. 17, dated August 29, 1979, 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 March 4, 1980, 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 the project cannot proceed and this approval shall be void. 26) No individual lots may be sold separately and all lots are to remain in common ownership in perpetuity. A condition requiring this shall be placed in the CC&R's and subject to the approval of the City Engineer. 27) Applicant shall submit a street name list consistent with city policy subject to Planning Director approval prior to recordation of the final map for Phase I. 28) The applicant shall agree to modify the proposed interio: lot lines as required by the City Engineer. 29) Phasing as shown on the Tentative Yap, CT 79-27/CP-44 (Exhibit "A", February 22, 1980) is approved, with changt permitted only as approved by the City Engineer. //// XES0 #1611 -6- ' ', ,a b c 'b .'. .. ' - i! * e 1 2 3 4 5 6 7 30) Covenants, conditions and restrictions are required prio: to the approval of the final map for Phase I, subject to the approval of the Planning Director. 31) A stairway down the slope of the northernmost portion of the development, which connects with Marron Road is required and shall be noted on the final condominium sit( plan. The applicant shall install the necessary sidewal: improvements along Marron Road to connect the bottom of this stairway with the existing sidewalk to the east. I: the City Engineer determines that this stairway is not feasible due to public safety or engineering concerns, tl condition shall be deleted. 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the 9 lo Planning Commission of the City of Carlsbad, California, held on the 26th day of March, 1980, by the following vote, to wit =I II AYES: Schick, Larson, Pdarcus, Leeds, Jose 12 13 NOES: None ABSENT: None 14 15 16 17 l8 I 19 I 20 21 22 ABSTAIN: Rombotis, Friestedt ATTEST : CARLSBAD PLANNING cok ISSI 4 -7- i