HomeMy WebLinkAbout1980-07-09; Planning Commission; Resolution 16651
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PLANNING COMMISSION RESOLUTION NO. 1665
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 40 UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL, NORTH OF SWALLOW LANE. APPLICANT: MOLA DEVELOPMENT CASE NO: CT 79-28/CP-105
WHEREAS, a verified application for certain property to, wit:
A portion of the west half of the northeast quarter of Section 26, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California
.as been filed with the City of Carlsbad, and referred to the
lanning Commission; and
WHEREAS, said verified application constitutes a request as
jrovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 9th day of July,
-980, hold a duly noticed public hearing as prescribed by law to
:onsider said request; and
WHEREAS, at said public hearing, upon hearing and considering
~11 testimony and arguments, if any, of all persons desiring to
)e heard, said Commission considered all factors relating to
Ihe Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Zommission as follows:
2) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 79-28/CP-105, based on the following findings and subject to the following conditions:
Findings
1) The project is consistent with the city's current general plan since it is within the density range specified for the site as indicated on the Land Use Element of the General Plan.
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1 2) The site is physically suitable for the type and density
the development since the site is adequate in size and SI
still meet all the requirements of the condominium ordinz
2 to accommodate residential development at the density anc
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4 policies and ordinances since:
3) The project is consistent with all city public facility
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a. The applicant has received 40 edu's from the Leucad:
County Water District.
b. The Planning Commission has, by inclusion of an
appropriate condition to this condominium permit an(
tentative subdivision map, insured that the final
map will not be approved unless the City Council fil
that sewer service is available to serve the projeci In addition, the Planning Commission has added a
condition that a note shall be placed on the final I that building permits may not be issued for the condominium project unless the City Engineer determ:
that sewer service is available. Since the final mi cannot be approved unless sewer service is availablt and building cannot occur within the project unless sewer service remains available, the Planning Commi: is satisfied that the requirements of the public facilities element of the general plan have been me. insofar as they apply to sewer service for this ten.
map and condominium permit approval.
I.6 il c. School facilities will be provided by the Carlsbad
Unified School District.
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e. All necessary public improvements have been provide1 18
d. Park-in-lieu fees are required as a condition of ap:
19 I will be required as conditions of approval.
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f. The applicant has agreed and is required by the inc
of an appropriate condition to pay a public facilit
fee. Performance of that contract and payment of t
fee will enable this body to find that public
facilities will be available concurrent with need a
required by the General Plan.
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1) Approval is granted for CT 79-22/CP-105, as shown on Exh 26
Conditions 25
multiple family residential purposes. 24
4) The proposed project is compatible with the surrounding
"A", dated June 25 , 1980, and Exhibits "B" , "C" I "D", "E
'IF", dated May 5, 1980, incorporated by reference and on in the Planning Department. Development shall occur sub 28 stantially as shown unless otherwise noted in these cond
use since the property to the south has been developed f
PC RES0 #1665
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2) This project is approved upon the express condition
that building permits will not be issued for developments
of the subject property unless the City Engineer determin that sewer facilities are available at the time of
application for such sewer permits and will continue to
be available until time of occupancy.
3) This project is approved upon the express condition 1 that the final map shall not be approved unless the City Council finds as of the time of such approval that
sewer service is available to serve the subdivision,
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This project is approved upon the express condition
that the applicant shall pay a public facilities fee as
required by 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 May 8, 1980, is on file
with the City Clerk and is 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.
l3 5) The applicant shall prepare a reproducible mylar of the
contained herein. Said site plan shall be submitted to 14 final condominium site plan incorporating the conditions
and approved by the Planning Department prior to the 15 issuance of building permits.
l6 6) The applicant shall prepare a detailed landscape and
17 irrigation plan which shall be submitted to and approved
by the Planning Department prior to final map approval,
l8 7) The applicant shall establish a homeowner's association
19 I and corresponding covenants, conditions and restrictions Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. 20
21 8) Prior to recording the final map, the applicant shall sul a letter from the Leucadia Water District stating that
22 sufficient water will be available for this project at t: time development occurs,
23 9) The applicant shall install street trees to city spec-
24 ifications at 40 foot intervals along all public street frontages prior to final occupancy of any building.
The variety of said trees shall be subject to the 25 approval of the Parks and Recreation Department.
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20.44 of the city's subdivision regulations. 27
10) The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as per Chapter
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PC RES0 #1665
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1 11) The applicant shall submit a street name list consistent
with the city's street naming policy subject to the 2 Planning Director's approval prior to final map approval,
3 12) The applicant shall 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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application. 5
application. These fees shall be based on the fee
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13) Any signs proposed for this development shall be
designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning
Department prior to installation of such signs. 8
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14) All landscaped areas shall be maintained in a healthy
and thriving condition, free from weeds, trash, and
debris.
15) Trash receptacle areas shall be enclosed by a 6 foot
high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Department. I
l3 16) All roof appurtenances, including air conditioners,
and streets to the satisfaction of the Planning Departme 15
view and the sound buffered from adjacent properties 14 shall be architecturally integrated and shielded from
and Building Department.
l6 17) The developer shall receive the approval of the City Eng
17 for a site grading plan and obtain a grading permit pric to issuance of building permits.
l8 1 18) Th e developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading 19 I permit prior to issuance of building permits.
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19) 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 L
hydromulched or otherwise stabilized prior to the issuar of building permits subject to the approval of the City
24 II Engineer.
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20) Drainage improvements shall be constructed in accordance
with an approved plan, and the work shall be coordinated
with the overall plan for grading to the satisfaction
of the City Engineer. , 21) All units shall be provided with at least 480 cubic
feet of enclosed storage area conveniently accessible
to the outdoors.
6 accommodate a washer and dryer.
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23) The two barbecue facilities shown on Exhibit "A" within
the San Diego Gas and Electric easement shall be relocatc
to an area adjacent to the swimming pool facilities.
22) All units shall provide space for laundry facilities to
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24) Building #2 shall be relocated to the west so it is
at least 15' from the nearest open parking space.
25) Approval of this project CT 79-28/CP-105 does not
constitute approval of the future improvements shown on
Exhibit A. The applicant will be required to file a
separate tentative map and condominium permit for the construction of these units.
14 the southern edge of the project as shown on Exhibit
15 "A" are specifically not approved as part of this projec-
26) The proposed future driveway and parking spaces along
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27 ) The applicant shall institute a detailed archaelogical
investigation, inventory and resource recovery program
covering the subject property prior to the issuance of
grading permits, as suggested by the letter of
February 23, 1980, from Jay Hatley of Regional
Environmental Consultants. Said program shall be
performed by a qualified archaeologist and a report
detailing the proposed program and findings shall be
submitted to and approved by the Planning Director prior
to issuance of any grading permits.
21 11 28 1 An all weather access road shall be maintained throughou
2211 . construction as required by the Fire Marshall.
23 29) Water for fire protection to be in before combustibles
are on building site as required by Fire Marshall.
24 30,) In order to provide for fire protection, adequate fire
25 hydrants with required fire flow shall be installed on
and off site as required by the Fire Marshall.
26 31.) All private driveways shall be kept clear of parked
27 vehicles at all times, and shall have posted "No
Parking/Fire Lane/Tow Away Zone" as per condition in
Municipal Code. 28
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32) Fire retardant roof shall be requested on all structures
distance of 30 feet to each residence. 3
by Building and Fire Department.
33) Brush clearance shall be maintained within a minimum
4 Grading I1
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34) A report of a geotechnical investigation and a grading pl
of the site shall be submitted by the applicant to the
City Engineer for approval prior to the issuance of a gra
permit. The report shall be prepared by a civil engineex
a qeologist licensed by the State of California and
experienced in erosion control and slope stability. Recommendations made in the report shall be included on t
grading plans.
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35) The grading for this project shall be designated as contl grading. A civil engineer and geologist shall observe tl
grading and coordinate the testing. If soil or geologic
conditions are observed to be different than expected,
they shall recommend appropriate remedial measures or ch;
to the plans. At the conclusion of grading they shall pl
an "as-graded" plan showing the grading as performed and
existing geologic conditions and they shall certify the adequacy of the site for development prior to the issuanc of building permits.
15 36) All cut and fill slopes shall be no steeper than 2 horizc
prepared by a civil engineer demonstrates that the slope 16 to 1 vertical unless a report of a geotechnical investig:
17 stability and erosion resistance of a steeper slope are
adequate and it is approved by the City Engineer. No slc
are permitted within public street right-of-way. 18
37) To mitigate erosion, all exposed slopes shall be hydrosec
The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes per approval of t: Parks and Recreation Director.
19 I or planted immediately upon completion of grading activi.
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3.8) No grading may be performed during the period of October
23 desilting basins, etc., is submitted as part of the grad
plan and is approved by the City Engineer.
24 39) Clearing operations shall not be allowed in advance of g
25 but rather shall be concurrent with an immediately proce grading activities. A grading permit must be obtained p to commencement of clearing operations. Clearing shall 26 limited to the minimum area necessary to perform grading
27 operations.
28 40) No grading shall occur outside the limits of the subdivi
unless a letter of permission is obtained from the owner
the affected properties.
22 to April 15, unless an erosion control plan including
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1 Private Stre'ets and Drainage I! 2
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41) The design of the private street and drainage shall be ap
by the City Engineer. The street shall have a minimum wi
of 32 feet and shall have a 5 foot wide sidewalk on the s
side. The north side shall be posted no parking. The de
shall include street lights, curb and gutter storm drain facilities or other features as required by the City Engi The structural section of the private street shall confor
the City of Carlsbad standards based on R-value tests. I I
7 42) All private streets and drainage systems shall be maintai by the homeowner's association in perpetuity. This condi
excludes all drainage easements granted to the City of 8 Carlsbad. This condition shall be placed in the CC&R's.
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44)
Additional drainage easements and structures shall be
provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the
City Engineer.
~ll concrete terrace drains shall be maintained by the
homeowner's association or individual property owner in
perpetuity. A statement clearly identifying this respon
sibility shall be placed in the CC&R's.
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45) Prior to recordation of the final map the applicant shal:
Real Water District that all the requirements and condit:
16 of the Costa Real Water District have been met.
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the
. submit to the city written verification from the Costa
18 II Planning Commission of the City of Carlsbad, California, held
19 I I the 9th day of July, 1980, by the following vote, to wit:
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24 ATTEST :
AYES: Schick, Larson, Friestedt, Marcus, Leeds, Romboti
NOES : None
ABSENT : None
ABSTAIN: None
and Jose
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