HomeMy WebLinkAbout1980-05-14; Planning Commission; Resolution 1629i *- /I e e
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PLANNING COMMISSION RESOLUTION NO. 1629 ~~ ~. ~~ -
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 243 UNIT CONDOMINIUM DEVELOPMENT
ON PROPERTY GENERALLY LOCATED ON PIRAGUA AND
VENADO STREETS, LA COSTA. APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO, INC.
CASE NO: CP-36
WHEREAS, a verified application for certain property, to
Lots 274 through 289 and 291 through 295 of Carlsbad
Tract 72-20 (La Costa Vale Unit No. 2) according to Map No. 7779 filed in the Office of the San Diego County Recorder on October 26, 1973
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code; and
14 WHEREAS, the Planning Commission did, on the 14th day of
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the Condominium Permit. 2o
I to be heard, said Commission considered all factors relating I'
ing all testimony and arguments, if any, of all persons desir I*
WHEREAS, at said public hearing, upon hearing and consid 17
law to consider said request; and l6
May, 1980, hold a duly noticed public hearing as prescribed b
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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A) That the above recitations are true and correct. 23
Commission as follows:
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following findings and subject to the following conditio
The Commission recommends APPROVAL of CP-36, based on th 25
B) That based on the evidence presented at the public heari 24
27 11 Findings :
28 1) The proposed project is consistent with the City's curre
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I I1 General Plan and with the Specific Plan which has been applied to this property, since the project does not
2 I/ exceed the density limit established for this site,
3 and previous grading activities and the topography of the
site precludes a higher density. Also, as conditioned,
the project conforms to the requirements of all other 4 applicable General Plan Elements.
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2) A Subdivision Map for the site (CT 72-20), designating al:
lots as "Condominium Lots", has been finaled and approved
by the City Council.and a condition has been included whic
requires the applicant to file for an adjustment plat in
order to remove all lot lines which would intersect a pro]
dwelling unit.
3) 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 proposed density and still meet all the requirements of the City's condominium ordinance.
4) The project is consistent with all City public facility
policies and ordinances since:
a) Fifty sewer connections have been reserved for the
first phase of development by the Leucadia County Water District.
b) A condition has been added that building permits
cannot be issued unless sewer service is available
and building cannot occur within the project unless
sewer service remains available. Therefore, the
Planning Commission is satisfied that the require-
ments of the Public Facilities Element of the Genera Plan have been met insofar as they apply to sewer service for this project.
c) An agreement exists between the La Costa Land Compan
and the Encinitas School District whereby a school
site has been made available to this district cover-
ing the subject project.
Also, a condition of approval requires that school
fees must be paid to the San Dieguito Union School District prior to the issuance of building permits.
d) Adequate water and gas and electric service will be available to serve the development.
e) All necessary public improvements have been either
provided or will be required as conditions of approv
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f) 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.
5 5) Based on an initial study of the project, including a fie:
investigation of the site, the Planning Director has dete:
6 mined that the project will not result in any adverse
environmental impacts and has issued a Negative Declaratic
7 on 12/19/79 (Log. No. 626), based on the following condit.
8 a) The applicant shall limit all grading activities to
previously graded and disturbed areas.
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The applicant shall obtain and strictly abide by an 10
b) All grading and land clearance operations shall be subject to the review and approval of the City Enginl
approved grading permit. 11
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c) In order to reduce human and domestic animal impacts
on the San Marcos Canyon, the applicant shall erect (
minimum 42 inch high fence for the length of the pro
along the San Marcos Canyon rim. This fence shall bc placed at the top of the Canyon (located entirely
outside of any undisturbed natural areas), posted wi.
"Danger/Keep Out" signs, and the fence shall not be
visible from the bottom of the Canyon. Access to thl
San Marcos Canyon shall be limited to Lot 290.
17 Chapter 21.47 (condominiums) since:
18 a) The condominium meets the design criteria of Chapter
6) The proposed condominium project meets the criteria of
19 I 21.47.110 since the overall plan is comprehensive
embracing land, buildings, landscaping and their
relationships, the driveways are not dominant featur, and sufficient circulation and on-site amenities are
provided.
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b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate
utilities and all other requirements of Section 21.4
have been met or will be made conditions of approval
24 IIConditions :
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1) Approval is granted for CP-36 as shown on Exhibit A to CP
dated 4/21/80 and Exhibits B and D to CP-36 dated 4/8/80,
and Exhibit C to CP-36 dated 12/14/79, on file in the Planning Department and incorporated by reference. Devel shall occur substantially as shown on these exhibits unle
as shown on Exhibit A- dated April 21, 1980, are not
I otherwise noted in these conditions. Improvements for Lo
~ specifically approved.
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I 2) The applicant has agreed to provide improvements on behalf of the city, for Lot 290. Said lot shall be improved by
3 in Phase I, subject to the approval of the Parks and Recreation Commission and Planning Director.
4 3) The applicant shall prepare a reproducible copy of the
2 the applicant concurrent with the construction of the unit
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final condominium site plan incorporating all requirements of the condominium permit approval and shall be subject tc the approval of the Planning Director prior to the issuanc
of building permits.
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4) 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 building permits and will continue to be availabl at time of occupancy.
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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 agreemc dated March 5, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paic as promised, this application will not be consistent with
the General Plan and the project cannot proceed and this approval shall be void.
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6) Covenants, conditions and restrictions are required for tl
entire project prior to the issuance of building permits
for Phase I and shall be subject to the approval of the
Planning Director. Said CC&R'S shall include provisions
for the maintenance of all private streets, common areas and private pedestrian pathways serving the development
(on and off-site) by the homeowners association, in
perpetuity.
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7) No individual lots as shown on CT 72-20 may be sold separ: and all lots are to remain in common ownership. A conditi
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8) Prior to the issuance of any building permits within a 23
requiring this shall be placed in the CC&R'S.
specific phase, the applicant shall submit an application
for an adjustment plat and have a certificate of complianc
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recorded, - removing- any lot line which intersects proposed
dwelling units. A separate adjustment plat is required fc
each lot line to be removed.
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9) The subject property shall be subject to the RD-M zoning
standards as they relate to permitted and conditional use:
building height, setbacks and yards.
PC RES0 #1629
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1 10) The applicant shall fully comply with all requirements Of
dated December 19, 1979.
the approved conditional Negative Declaration, EIA No. 62 2
3 11) The applicant shall submit a Street name list Consistent
with city policy, subject to the approval of the Planning 4/1 Director prior to issuance of building permits for Phase
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Prior to the issuance of building permits for Phase I, th
applicant shall submit a detailed landscape, lighting and
irrigation plan for the entire project subject to the approval of the Planning Director. Said plan shall utili
drought and salt tolerant plant species to the maximum
extent feasible and indicate methods of low intensity lig
of common recreation areas and pedestrian walkways. Furt said plan shall include a 6' high decorative block wall
separating and screening Lot 290 from the adjacent parcel
the west.
The location of the common recreational areas shall be sh
on the final condominium site plan numbered per Exhibit D
dated 4/8/80, and subject to the approval of the Planning
Director.
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14 (Lot 279) with the existing La Costa Canyon Park shall be
improved by the applicant and maintained by the homeowner
15 association. This requirement shall be noted in the CC&R
16 15) The specific location and design of the community identit
14) The proposed pathway connecting the proposed development
signs shall be subject to the approval of the Planning
17 Director prior to the issuance Of building Permits for
Phase I.
18 16) The visitor parking area on Lot 285 and the two parking
19 j spaces located at the southern terminus of the parking
area on Lot 274 shall be redesigned on the final condo-
Director. 20 minium site plan, subject to the approval of the Planning
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23 18) Fire retardent roofs shall be required on all structures.
24 19) A minimum eight feet "clear area" adjacent to and around
all multi-unit buildings shall be provided to the
25 satisfaction of the Fire Chief or his designee.
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27 21) The design of all private streets and drainage shall be
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17) All parking structures shall be individual garages, equiF
with garage doors and garage door openers.
20) All private streets/driveways shall be posted "NO Parkin$
approved by the City Engineer. The structural section of
all private streets and driveways shall conform to
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the City of Carlsbad street standards based on R-value te
The minimum width of the private streets shall be 24 feet
and each shall have a sidewalk along at least one side wi,
a minimum width of four feet. All private streets, drivel
and drainage shall be inspected by the city and the stand'
improvement plan check and inspection fees shall be paid
prior to the issuance of a building permit.
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22) Street lighting along the private streets shall be
installed prior to occupancy of each phase and shall be
public streets adjacent to the subdivision prior to 9
improvements not presently existing shall be installed to
23) Sidewalks, street light heads and any other public street 7
subject to the approval of the City Engineer.
occupancy of any units which abut said frontage.
lo 24) A report of a soils investigation of the site and a gradi
11 plan shall be submitted by the applicant to the City Engineer prior to the issuance of a grading permit.
8 City of Carlsbad standards by the developer along all
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25) All cut and fill slopes shall be no steeper than two
horizontal to one vertical unless otherwise approved by the City Engineer. No fill slopes shall extend outside the subdivision boundary adjacent to San Marcos Canyon. Care shall be taken in grading to ensure that no debris crosses the subdivision boundary and goes into the canyon
26) All exposed slopes shall be hydroseeded or otherwise stabilized immediately upon completion of grading activit
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hydroseeded as may be required by the City Engineer. 18
27) All previously manufactured slopes which are to remain essentially intact shall be smoothed, recompacted and
19 I PASSED, APPROVED AND ADOPTED at a regular meeting of the
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on the 14th day of May, 1980, by the following vote, to wit: 21
Planning Commission of the City of Carlsbad, California, held
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AYES: SCHICK, MARCUS, ROMBOTIS, LARSON, LEEDS, JOSE,
NOES: None
FRIESTEDT
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24 ABSENT : None
25 ABSTAIN: None
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