HomeMy WebLinkAbout1980-12-10; Planning Commission; Resolution 1733.* I/ 0 e
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PLANNING %OMMISSION RESOLUTION NO. 17'33
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CUIFORNIA, RECOMMENDING
APPROVAL FOR AN AMENDMENT TO A 40 UNIT TENTA-
TIVE TRACT MAP AND CONDOMINIUM PERMIT TO ADD
10 ADDITIONAL UNITS TO A PROJECT ON EL CAMINO
REAL, NORTH OF SWALLOW LANE.
APPLICANT: MOLA DEVELOPMENT
CASE NO: CT 79-2'8'(A)/CP-13.7
WHEREAS, a verified application for certain property to,
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
has been filed with the City of Carlsbad, and referred to tha
Planning Commission; and
WHEREAS, said verified application constitutes a requesi
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 10th day 0:
December, 1980, hold a duly noticed public hearing as prescr:
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and consic
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hear
the Commission recommends 'APPROVAL of CT 79-28 (A) /CP-13' based on the following findings and subject to the follc conditions:
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, Findings
1) The project is consistent with the city's current gener,
plan since it is within the density range specified for site as indicated on the &and Use Element of the Genera
APN # 215-052-01
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2) The site is physically suitable for the type and densitl
the development since the site is adequate in size and I to accomodate residential development at the requested c and still meet all the requirements of the condominium ordinance.
4 I1 3) The project is consistent with all city public facility
policies and ordinances since:
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a. The applicant has received 50 edu's from the leucac
County Water District.
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b. The Planning Commission has, by inclusion of an
appropriate condition to this condominium permit a] tentative subdivision map, insured that the final
map will not be approved unless the City Council f:
that sewer service is available to serve the projec
In addition, the Planning Commission has added a
condition that a note shall be placed on the final that building permits may not be issued for the condominium project unless the City Engineer deter1 that sewer service is available. Since the final I cannot be approved unless sewer service is availab: and building cannot occur within the project unles! sewer service remains available, the Planning Corn:
is satisfied that the requirements of the public facilities element of the general plan have been mf insofar as they apply to sewer service for this tel map and condominium pemit approval.
I.f3 II c. School facilities will be provided by the Carlsbad Unified School District.
I.7 ii d. Park-in-lieu fees are required as a condition of a:
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e. All necessary public improvements have been provid, will be required as conditions of approval.
f. The appllcant has agreed and is required by the in] of an appropriate condition to pay a public facili fee., Performance of that contract and payment of fee will enable this body to find that public facilities will be available concurrent with need required by the General Plan.
4) The proposed project is compatible with the surrounding use since the property to the south has been developed multiple family residential purposes.
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5) The prsject will not cause any significant environmenta
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impacts and a Negative Declaration was issued by the Planning Director on November 12, 1980 and approved by
Planning Commission on December 10, 1980,
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PC RESOL #1733 -2-
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1 ' Gener'a'l Conditions ii
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1) Approval is granted for CT 79-28(A)/CP-137, as shown on
Exhibit "A" , dated Sune 25, 1980, Exhibits "B" 1 "C"1 IrD'
"E", and "F" , dated May 5, 1980 , and Exhibits "G" , "H", and "I", dated October 27, 1980, incorporated by referel and on file in the Planning Department. Development shi
conditions.
I occur substantially as shown unless otherwise noted in '
6 City Council are no longer applicable to this project ar
7 shall be superceded by the conditions contained herein.
2) All previous conditions of CT 79-28/CP-105 approved by
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4)
This project is approved upon the express condition that building permits shall not be issued for developmer of the subject property unless the City Engineer determj
that sewer facilities are available at the time of
application for such sewer permits and will continue to
be available until time of occupancy.
This project is approved upon the express condition 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. This note shall be placed on the final map.
14 5) This project is approved upon the express condition
15 that the applicant shall pay a public facilities fee as
16 29, 1979, on file with the City Clerk and incorporated
17 executed by the applicant for payment of said fee a
required by City Council Policy No. 17, dated August
herein by reference, and according to the agreement
copy of that agreement dated May 8, 1980 and October
18 13, 1980, is on file with the City Clerk and is incorpor herein by reference. If said fee is not paid as promise this application will not be consistent with the General Plan and approval for this project shall be void.
6) The applicant shall install street trees to city spec-
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The variety of said trees shall be subject to the 22
ifications at 40 foot intervals along all public street frontages prior to final occupancy of any building.
approval of the Parks and Recreation Department.
7) The applicant shall pay park-in-lieu fees to the city, 23
24 prior to the approval of the final map as per Chapter 20.44 of the city's subdivision regulations.
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27 final condominium site plan incorporating the conditions
Planning 'Department
8) The applicant shall prepare a reproducible mylar of the
contained herein. Said site plan shall be submitted to
issuance of building permits. 20 and approved by the Planning Department prior to the
PC RESO. #1733 -3-
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9)
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The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approve1
by the Planning Department prior to final map approval.
The applicant shall establish a homeowner's association
and corresponding covenants, conditions and restriction:
Said CC&R's shall be submitted to and approved by the
Planning Department prior to final map approval.
Prior to recording the final map, the applicant shall s'
a letter from the Leucadia Water District stating that
sufficient water will be available for this project at
time development occurs.
The applicant shall submit a street name list consisten
with the city's street naming policy subject to the Planning Director's approval prior to final map approva
The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit
application. These fees shall be based on the fee schedule in effect at the time of building permit application.
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.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and
debris.
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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Departm and Building Department.
18) All units shall be provided with at least 480 cubic
feet of enclosed storage area conveniently accessible
to the outdoors.
19) All units shall provide space for laundry facilities to
accommodate a washer and dryer.
20) The proposed future driveway and parking spaces along
the .southern edge of the project as shown on Exhibit
"A" are specifically not approved as part of this pro je
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PC RES0 #1733 -4-
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21 1 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 Batley of Regional Environmental Consultants. Said program shall be
performed by a qualified archaelolgist 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.
Engine'ering Department
22 1 A report of a yeotechnical investigation and a grading E of the site shall be submitted by the applicant to the
City Engineer for approval prior to the issuance of a gx
permit. The report shall be prepared by a civil enginee
a geologist licensed by the State of California and
experienced in erosion control and slope stability. Recommendations made in the report shall be included on
grading plans.
23) The grading for this project shall be designated as cont
grading. A civil engineer and geologist shall observe t
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 p pare an "as-graded" plan showing the grading as performel
the existing geologic conditions and they shall certify adequacy of the site for development prior to the issuan of building permits.
24) All cut and fill slopes shall be no steeper than 2 horiz to 1 vertical unless a report of a geotechnical investig prepared by a civil engineer demonstrates that the slope stability and erosion resistance of a steeper slope are
adequate and it is approved by the City Engineer. No sl
are permitted within public street right-of-way.
25) To mitigate erosion, all exposed slopes shall be hydroset
or planted immediately upon completion of grading activii
The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes per approval of tl
Parks and Recreation Director.
26) Clearing operations shall not be allowed in advance of 91 but rather shall be concurrent with or immediately procet grading activities. A grading permit must be obtained p3 to commencement of clearing operations. Clearing shall 1
limited to the minimum area necessary to perform grading operations .,
27) No grading shall occur outside the limits of the subdivis unless a'letter of permission is obtained from the owners
the affected properties.
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28) The design of the priyate street and drai.nage sh.311 b.e
approved by the City Engineer, The street' shall h.qve a
minimum wl'dth of 32 feet and shall have a 5 foot wide sj walk on the south side, The north side shall be posted parking. The design shall include street lights, curb and gutter storm drain facilities or other features as required by the City Englneer. The structural section
of the private street shall conform to the City of Carl: standards based on R-value tests,
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8 30) All private streets and drainage systems shall be mainte
9 by the homeowner's association in perpetuity. This cond tion excludes all drainage easements granted to the Citj
10 Carlsbad. This condition shall be placed in the CC&R's.
29) 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.
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31) 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.
32) All 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.'
33) Prior to recordation of the final map the applicant shal submit to the city written verification from the Costa Real Water District that all the requirements and condft of the Costa Real Water District have been net.
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34) The site plan shall be revised to provide a turnaround a I'
Fir,e Depar'tme'nt
and on-site roads and. drives. showing locations of existing and proposed fire hydrants 22
35) The applicant shall submit two copies of a site plan 21
minimum radius of the turnaround shall be 35 feet.
the end of the drive serving buildings 4 and 5. The
37) All fire alarm systems, fire hydrants, extinguishing 25
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36) Adequate emergency vehicle turnarounds shall be provided 23
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by a cul-de-sac or a hammerhead when driveways are more than 150 feet deep.
systems, automatic sprinklers, and other systems pertinel to the project shall be submitted to the Fire Department
for approval prior to construction.
38) An all weather access road shall be maintained throughou,
construction as required by the Fire Marshall.
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I. // 39) Water for fire protection to be in before combustibles are on building. site as required by Fire Marshall,
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40) In order to provide for fire protection, adequate fire
hydrants with required fire flow shall be installed on
and off site as required by the Fire Marshall.
41) All private driveways shall be kept clear of parked
vehicles at all times, and shall have posted "NO
Parking/Fire Lane/Tow Away Zone" as per condition in Municipal Code.
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42) Fire retardant roof shall be required on all structures
distance of 30 feet to each residence. 9
by Building and Fire Department.
43) Brush clearance shall be maintained within a minimum
10 PASSED, APPROVED AND ADOPTED at a regular meeting of thc
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on the 10th day of December, 1980, by the following vote, 12
Planning Commission of the City of Carlsbad, California, helc
to wit; 13
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AYES: MARCUS, ROMBOTIS, LARSON, LEEDS, FRIESTEDT,
L'HEUREUX AND JOSE NOES : NONE
I.6 // ABSENT: None
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L,L
MARY MA US, Chairman d CARLSB D PLANNING COW
OIQfISSION
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PC RES0 #1733 -7-