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HomeMy WebLinkAbout1979-09-18; City Council; 5985; Tentative Map & Condo Permit 39 Unitsc w .w \ rl’ j-..#’ .. 7 #’ . * CXTY OF CARLSBAD - Initial AGENDA BILL NO,: 59 r& Dept. Hd.@A( Cty. Atty ve ctyP Mgr- 5 DATE : DEPARTMENT : L.. September 18, 1979 Planning .. TENTATIVE TRACT MAP AND CONDOMINI.UM PERMIT FOR 39 DWELLING - SUBJECT: CASE NO. : CT 79-7/CP-10 . APP,LICANT: FRIES Statement of the Matter The subject property consists of 2.7 acres located on the southwest of El Fuerte and Santa Isabel Street. Thirty of the proposed units be attached (2 units per building) and nine units will be detached, family units. I Staff and the Planning Commission believes that the proposed design unit layout is acceptable because the site can adequately accomodate .. project density of 14.4 du’s per acre‘ and still sufficiently meet a1 the requirements of the condominium ordinance. However, staff and t Planning Commission do differ on the matter of the necessary finaing regarding public facilities. The attached staff report recommends a ‘finding that all necessary pc facilities cannot be provided unless an appropriate condition is inc requiri’ng tha& the project contribute to the costs of such facilitie ’Because of the lack of written communication’on this .matter from thc City Council, the Planning Commission found that. all public faciliti were available and deleted the proposed condition. Exhibits Planning Commission Resolution No. . Staff Report dated 8/22/79 e. . . Memo. to City Manager dated 9/5/79 .E.xhibits A, B, C-1, C-2, D--1, and D-2, dated 8/2/79 Recommendation If khe City Council concurs, it is recommended that you direct the C Attorney to prepare the necessary documents approving CT 79-7 and CI as per Planning Commission Resolution No. 1544 with the exceptions r on the attached memo to the City Manager dated 9/5/79.‘ . .~ouncil Action: 9-18-79 Council directed the City Attorney t‘o prepare the necessarJ approving CT 79-7 and CP-1’O;’as per.‘P.la,nn<ng Commi ssion Resc No. 1544 with the exceptions noted on the memo to the City dated September 5, 1979.. 8 *. > 1 ' e Q t' MEMORANDUM DATE : Septemher 5, 1979 TO : Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director JCfl SUBJECT : PUBLIC FACILITIES FINDING AND CONDITION On August 29, 1979, the City Council adopted a revised policy requiring discretionary projects to pay a public facilities fee. Prior to that, on August 22, 1979, the Planning Commis- sion recommended approval of a tentative tract map and condo- minium permit (CT 79-7/ CP-10) for a project. The Planning Commission chose not to include the public facilities finding and condition that the City Council had been using because of the lack of any written City policy. In order to make the Planning Commission approval (Resolution No. 1544) consistent with the new Public Facilities Policy (Policy No. 171, the following changes must be made: 1. Finding 3)g), on page 3 of Planning Commissicn Resolutio No. 1544 should be revised to read as follows: "At this time, the City Council is not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. The City Council 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 City Council is satisfied that the requirements of the puhlic facilities element of the general plan have been satisfied." 2. A condition-of-approval should be added as follows: "23) Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17." MZ:JCH:jd 93 L 1 2 3 4 PLALWING C@.WISSION RESOLUTION NO. 1544 RESOLUTION OF THE PUi?YNING COM3TISSION OF TI33 CITY OF CARLSBAD f CALIFOIUJIA f RECOWEMDING APPROVAL OF A TENTATIVE TP&-CT PAP AND CONDOMINIUM PEXYIT FOR THRITY-NINE COWDOMINIUX UNITS LOCATED ON THE SOUTH- WEST COFNER OF EL FUEXTE AND SANTA ISABEL STREETS , r il I 5 6 7 8 9 IO La. 12 13 14 e m I' IN LA COSTA. CASE NO. : CT 79-7/CP-10 APPLICANT : Harq Fries WHEEEAS, a verified application for certain property, Lots 402 through 406 inclusive, of La Costa Meadows, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, acccrrding 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 t Planning Corrmission; and -. WHEFtEAS, said verified application constitutes a requ as pnvided by Title 21 of the Carlsbad Municipal Code; ant 16 l5 17 18 19 20 21 22 23 * 24 25 26 27 28 L I I WBEREAS, a Declaration of Negative ENvironmental Impa been issued for this project, based on the following justi 1. The subject property has been previously graded and i of any significant flora and fauna, or any historical unique environmental resources. The City's condominium and grading ordinances will ad serve to mitigate any potentiai adverse .impacts which be generated by the project, The proposed condominium development is consistent wi City's land use plan, and with the trend of developme the La Costa area: and WHEREAS, the Planning Commission did, on August 22, 1 2. 3. hold a duly noticed, public hearing as prescribed by law, consider said request; and WHEREAS, at said public hearing, upon hearing and con all testimony and arguments, if any, of all persons dcsiri I I m 0 r' , 2 7 3 4 ' 6 7 8 9 10 11 12 13 14 15 16 11 18 1-9 20 . 21 22 23 24 25 J 26 27 28 L to be heard, said Comission considered all factors relat the Carlshad Tract (CT 78-7/CP-10) and found the followin1 1 and reascns to exist: Findings 11 me propwsea projecf, is umsistent with the G@lleral . Plan since it is within the density range allowable under the current General Plan lanS! use designaticn. The site ks physically suitable for the type and den of the develcpment since the site is adequate in siz and shape to accGmodate residential development at proposed density and skiill meet all Che requirements the City's condominium crdinance. The project is consistent with all City public facil policies and ordinances since: a) 2) 3) The applicant is on the Leucadia County Water District's sewer allocation list, and sufficien sewer hookups have been reserved for the projec The Planning Commission finds that sewer servicj is not avaj-lable for this development as of the date of this approval. However, sewer service I be available in the future, The Planning Cortuni has, by inclusion of an appropriate condition t~ this condominium permit and tentative subdivision map, insured that the final map wil sewer service is available to serve Lhe project In addition, the Planning Commission has added a condition that a note shall be piaced on the fi: map that building permits may not be isrued for the condominium project unless the City Enginee: determiiies that sewer service is available. Si: the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains avaiiable, the Planning Commission is satisfied that the requirements of the public facilities element of the General Tlan have been met insof, a5 they apply to sewer service for this condominium permit and tentative map approval. School fees to mitigate conditions of overcrowd. are required at the time of building permits pursuant to Chapter 21-55 of the Carlsbad Municipal. Code, b) not be approved unless the City Council finds t: c) // // .2 1 2 3 4 5 6 7 9 d) Water service will be provided by the San Marcor County Water District, and the applicant is required to conply with their rules and regulations. e) Gas and electric service will be provided by Sal Diego Gas tr Electric. f) A11 necessary public improvements have been eitl provided or will be required as conditions of approval - g) In the absence cf coctradictory evidence, the Planning Commission finds that a11 other necess publib faGilities will Ut avoilillle or will he provided concurrent with need, 10 I1 12 I 7 4) The design of the development and required improveme will not cause any substantial environmental im2acts and a declaration of negative environmental has been made finding that: a) The subject property has been previously graded 13 94 15 16 11 18' 19 20 21 22 23 24 25 26 27 28 L and is devoid of any significant flora or fauna or any historical or unique environmental featu The City* s condominium and' grading ordinances w adequately serve to mitigate any potential a2ve impacts which could be generated by this projec c) The proposed condominium development is consist with the City's land use pian, and with the tre of development in the La Costa area, b) . 5) The proposed condominium project meets the criteria I a) Storage space, laundry facilities, open recreat areas, parking facilities, refuse areas, separa utilities and other requirements of the coridoni ordinance have been met or will be made conditi of approval. the condominium ordinance since: b) The condorniniuns meet the design criteria of th condominiun ordinance since the overall plan is comprehensive, embracing land, buildings, land- scaping and their relationships, I WHEREAS, the Planning Commission, by the following v recommended approval 0: CT 79-7/CP-10, subject to certain conditions: -3 , 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 7% e 0 Conditions 1) Approval is Siranted for the portion of land describe in the application, CT 79-7/CP-10, and all attackmen thereto; and development shall be performed sub-stan as shown on CT 79-7/CP-10, Exhibit A, B, C-1, C-2, D and D-2, dateu August 2, 1979, on file in the Planni Departient Office, except for modif-lcations require herein. 2) he applicant shall comply with all rul-es and regula of the San Marcos Cr~unty Water District regarding wa service to the condominium projecv, BhouJd efiteflsio existing public water system be deemed appropriate b the San lslarcos Cowtty Water District, the deveioper will be required to provide the complete system. The applicant shall prepare a reproducible copy cf t final condorninium site plan incorporating all requir ments of the condominium permit approval, and shall subject to the approval of the Planning Director, The applicant will provide school fees to mitigate conditions of overcrowding as part of building permi applications. schedule in effect at the time of building permit, The applicant shall submit, prior to final map appro a detailed landscape and irrigation plan for the approval of the Planning Director. utilize, to the rnaxkmdm extent feasible, drought toll plant species and water conservation features. The landscape and irrigation system shall be instalic immediately upon completion of grading and, if neces: temporary water connections snall be made prior to tl installation of the required subdivision improvement: This subdivision and condominium plan is approved up the express condition that the final map shall not bt approved unless the City Council finds as of the timt of such approval that sewer service is available to serve the subdivision. This subdivision condominium plan is approved upon tl express condition that building or grading permits w: not be issued for development of the subject propert! unless the City Engineer determines that such sewer facilities are available at the time of application j such permits and will continue to be available until time of occupancy. that sewer facilities are not available, building permits will not be issued. 3) 4) These fees shall be based on the fee 5) Said plan shall . 6) 7) If the City Engineer determines // .4 1 .I 7' e e 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 27. 18 s a9 20 21 22 23 24 25 26 27 28 I 8) A water system and fire hydrants shall he provided b the applicant subject to the approval- of the Fire Marshal. In order to provide for fire protection during the cc struction period, the applicant shall. maintain passal vehicular access to all buildings ~ and adeciuate fire hydrants with required fire flows shall be installed recommended by the Fire Department. All private driveways shall be kept clear of parked Vehicles zt ail times, ~d &ll have posted Wo Par! Fire Access Lane." Street trees of a. variety a.pproved by the Parks and Recreation Department shall be installed to City spec at 40 foot intervals along all public street frontagc Prior to the issuance of building permits, the applic shall establish covenants, conditions and restrictiol for the condominium development which prohibits the erection or construction of any fence or barrier wit1 tbe development between and/or around the individual dwelling units, except khak a fence may be allowed which encloses only the patio-area adjacer,t to each unit. Said CC&R'S shall be subject to the review and approval of the Planning Director. The developer shall install stadard city street ligl along all public street frontages to the satisfactior of the City Engineer prior to occupancy of any units The developer must receive the approval oE 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 recordatior of the final map. The developer shall receive the approval of the City Engineer for a site grading plan prior to any constrt being performed within the project site. Grading shall occur in accordance with an approved grading and erosion control plan, City standards, ani an approved soils and geologic investigation report (which shall include slope stability calculations ani construction specifications). All exposed slopes shz be hydromulched or otherwise stabilized prior to the issuance of building permits. Drainage improvements shall be constructed in accord? with an approved plan, arrd the work shall be coordinz with the overall plan for grading and erosion control .5 9) 10) 11) 12) 13) 14) I 15) 16) 17) rAl - -I 1 2 5 4 5 61 7 8 9 3-0 11 .12 13 14 15 16 1- 7 18 19 20 21 22 23 24 25 26 27 28 0 0 '* A11 facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. A11 public improvements shall be made in conformity I the City of Car1sSa.d Engineering Design Criteria ar_d Standard PLaris, the subdivision ordinance, and other City standards approved. by the City Engineer, without cost to the City of Carlsbad, and free of all liqg E encunJ=rances. sewer service shall meet the requirenests of the respective service districts. Additional drainage easements and drainage structures shall be provided or installed as may be required by and/or the City Engineer. 18) AU improvement plans fGr water and 19) the County Department of Sanitation and Flood Control 20) All land and/or easements required by this subdivisic shall be granted to the City, without cost to the Cit and free of a11 liens and encumbrances, At the time of filing for final map, the applicant shall provide a list of at least three street names € 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. 22) Immediately upon the compl-etion of grading, all slope in excess of 10 feet in vertical height shall be stabilized by hydroseeding, mulching and fertilizatio The seed mix shall be designed by an expert ir, the field based on a soil analysis of the slopes taken at maximum interval of 500 feet, and shall be approved b the Parks and Recreation Director, The seed mix shal 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., an( the fertilizer at not less than 1,000 lbs/acre., 01: acceptable alternative. AYES : Schick, Wrench, Marcus, Jose NOES : L'Heureux, Rombotis ABSTAIN : None ABSENT: Larson 211 ' be designed so as to 'include the maximum number of // // (1 // .6 . '1 b 2 3 4 5 6 7i 4 e 0 .> NOW, THEREFORE, BE IT HEmBY RESOLT/'ED, foregoing recitations are true and correct. that the -- STE3HEEN X. L'HEUZIEUX, ( CAR5,SBAU PLANNING C3;'.IM: AT"-' Lr,ST: 9 3.0 13, JAMES C. HAGAPGIN, Secretary CARLSBAD PLANNING COMMISSION l2 a3 14 '15 16 17 3.8 19 20 21 22 23 . 24 25. 26 27 e. I -7 I <. k I- 3. 3 4 5 6 7 8 9 1o 11 I 32 13 14 l5 I 16 17 18 19 20 21 22 23 t e’ 0 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) CITY OF CARLSBAD 1 ss I, JAMES C. IsAGLAMAl?, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resol-ution 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 followilzg rol.1 call vote: AYES : NOES : ABSTAIN : ABSENT : JAMES C. HAGAWN, Secre CARLSBAD PLANNING COMMI . as CT 79-7/CP-10 25 26 27 28 I . , e 0 I .I t.- STAFF REPORT DATE: : August 22, 1979 TO : ]e 1 ann i ng Co~in? i s s io r\- FROM : Planning Department SUBJECT: CT '79-7, CP-10 REQUEST: TENTATIVE ITRqCT ICAP AND CONDOMINIUY PEWIT FOR 39 CONDOXLNIUM UNITS IM LA COSTA AYPL-ICANT: HARRY FRIES BACKGROUND Location and Rescription of Property The subject property consists of a total of five parcels (2.70 ac.) iocated OR the southwest corner of El Fuerte and Santa Isabel Streets, in La Costa. The property had been previously graded and therefore is relatively flat. Approx- imately 3500 cubic yards of grading is proposed in order to attain the desired pad levels and internal street grades. species. Existing Zoning . The site is currently covered by a variety of native plant Subject Property: RD-M North: C-1 South: RD--M East: P-C West: RD-M . Existing Land Use Subject Property: Vacant North: Church '" South: Vacant East: Vacant West: Vacant General Plan Information The City's current land use plan designates the subject property for medium-high density (10-20 du/ac. ) residential development, As proposed with 39 dwelling units, the project would result in an equivalent density of 14.4 du/ac. Therefore, the development wouid be consistent with the City's landuse plan. In addition, the project would be con- sistent with all other elements of the General Plan, except the Public Facilities Eleinent. 7 w W Public Facilities Sewer Service: The subject progerty is located within the Leucadia County Water District. The applicant has been placed on the district's allocation list (No, 2691) p and has been allocated 50 sewer 5ookups. Schools: The project site is located within the San Marcos Unified School District, Siilcle this district is currently assessed in the mount of $20,088, at the time of building permit . Water Service: The San Yarcos Water District is responsible for servicing the subject property. A conditioii of approval will stipulate that all requirements of the water district be met, On-site and Adjacent Public Facilities: All necessary on- site and imrnediately adjacent public facil-ities including street improvements and fire hydrants, can be required per the City's Public Improvement Ordinance or as conditions of approval I Gas and Electric: Gas and electric services will be provided by SDGStE. Separate gas and electric meters are required and : OU~BYi&fl!!!ifl!j B8#dihY18 85 &tK?&9&d&, sc-?oo 1 1 Les w: 11 be --- will be provided by the developer, Other Public Facilities: The City Council has determined that they are not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. The Planning Commission mayr by inclusion of an appropriate condition, require that the project contribute to the costs of such facilities. Since the developmeEt would pay its appropriate share of the public facility it would require, the Planning Commission could be assured that the requirements of the public facilitic element of the general plan would be satisfied, Envi-ronmental Impact Information An Environmental Impact Assessment has been processed and a Negative Declaration issued for the project based on the following justification: 1) The subject property has been previously graded and is devoid of any significant flora and fauna, or any historical or unique environmental resources. 2) The City's condominium and grading ordinances will adequately serve to mitigate any potential adverse impacts which could be generated by the project, 3) The proposed condominium development is consistent with the City's land use plan, and with the trend of dev- elopment in the La Costa area. -2 e e ,. ' History and Related --- Cases --- CT 79-5/cp-4, --- huffy), City Council Resolution No, 5807, approved J~ne 19, 1979. This project involved an application for 24 condominiurn units located on a 1.13 acre site, on the north side of La Costa Avenue, east of El Camino Real. The development consisted of six bu!-lJlng clu&erd! F aeh ~Ol'lt2iIllnQ from three to five units, and served by ap internal street system, The project was conditionally approved with findings that a3.1 of the requirements of the condominium ordinance, includin parking, lansscaplng and open recreation areas, had been adequately provided. CT 79--3/CP-3, (Von Elton), City Council Resolution Mo. 5832, denied July 3, 1979. This proposal involved the conversion of an 80 unit apartment complex, located on the east side of El Camino Real and north of El Carnino Reel, to condominiums. The proposed conversion was denied based on findings which included: lack of a comprehensive overall design; insufficient provisioi of improvements required by the condominium ordinance; and lack of adequate setbacks and parking. CP-6, I__ (McMahon-O'Grady), City Council Agenda Bill Ro. 5905, approved July 3, 1979. This proposal was for the construction of 23 detached condominium units, located between Almaden Lane, Zamora Way and Alicante Road, La Costa. The project was conditionally approved finding that the project met all of the requirements of the condominium ordinance and would not result in any significant impacts to the environment or surrounding areao Conditions of approval included: grading and drainage modifications; provision of autorcatic garaqe door opners; fencing restrictions; public improvement requirements; refuse collection; landscaping requirements; and a public facilities fee. Major Planning Considerations 1) Does the proposed project xeet all requirements and conform to the guidelines of the City's condominium ordinance? Is the proposed circulation system adequate to provide ingress and egress to the site, without adversely affecting the general traffic flow in the immediate area. Is the subject property of sufficient size and general topography to adequately handle the proposed density of the project without adverse impact to the contiguous .. 2) 3) development? .3 I 0 e .. Discussion The proposed project involves an application f.or the con- struction of 39 condominium units, to be located on a 2.7 acre site in La Costa. 30 of the proposed dwellinqs will be attache2 (two units to a building) I wnile the renai.ning 9 will be unattached, single-family units. The residences will be predominately two-stDry with two-bedrooms (1638 square feet) leaving o~ly six one-story unLts, each containing two-bedrooms and between 108s and 1150 square feet. As previously noted, the proposed dwellings will either be grov-ped in two-unit clusters, or situated as detached YOsidQneeE, approved condominium development where all 23 Enits were detached (see history and related cases: CP-6). Xn more traditional condominium projects all the units are attached and contained in either one or several large structures. Staff believes that the proposed design and unit layout of the subject project is acceptable since the site can adequately accommodate the project's resulting density (14.4 du/ac) and still sufficiently meet all of the require- ments of the condominium ordinance, Eowever, in order tc maintain the open character of the development, and thus maximize the amount of common open area, a condition has been incl-uded which limits fencing between and around all units. Parking for the proposed development will be pro;rided in accordance with the requirements of the condominium ordinance. More specifically, each unit will hzve an attached two-car garage, In addition, visitor parking in excess of the required 13 spaces will be provided in accessible locations, Nine visitor spaces will be provided on-site, with the remainder located on-street. All units along the northern property line will be provided with direct access to Santa Isabel Street, while the units to the east, along El Fuerte Street, will be served by a private driveway. The private driveway was deemed desirable since it reduced to two, the number of curb cuts along El Fuerte, which is designated as a secondary arterial. The remaining units will be served by a circular private street which has been reviewed and found to be acceptable by the Fire and Engineering Departments and the Coast Waste Manageinent Company. Based on the requirements of the condominium ordinance, the proposed development must provide a minimum of 7800 square feet of open recreation space. The applicant is proposing two recreation areas which meet this requirement. The main .area is located in the center of the development and contains a pool, jacuzzi and cahak. In addition, a smaller picnic area is located along the western property Soundary. !!hi4 is Pd.&iNly shil.~ to A pim;ously .4 a ,I With regard to landscaping, the applicant has submitted a preliminary landscape 2nd irrigation plan. This plan indicate the general location and extent of the proposed landscaped areas. Based on this plan, it appears as though the developme will be well landscaped, and adequate plant material will Se available to lessen the project's overall visual impact. However, a condition has been added which requires a more detailed f ical iaix3scaped and irrigation plan. Each unit or' the proposed developnent would contain their own laundry facilities, Also, every dwelling contains a sufficient amount of storage space, all of which is easily accessible to the outdoors. Individual trash pickup wiil be available for each unit, as will separate utility (gas, electric, apd water) meters. It should be noted that the Coast Waste Management Compar,y has approved the proposed refuse disposal pian. Staff believes that the proposed condominium developnent meets both the requirements and intent of the City's condomin ordinance and, with appropriate conditions, will set a desirable precedent for similar projects within the surroundi area. Recommendation Staff recommends that the Planning Commission forward a recommendation of APPROVAL of CP-6 to the City Cour,cil based on the following findings and subject to the following conditions: 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 densit! of the deveiopment since the site is adequate in size and shape to accommodate residential development at the proposed density and still neet 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 Conmission finds that sewer service is not available for this development as of the date of this approval. However, sewer service mal be available in the future. The Planning Comrr.issj has, by inclusion of an appropriate condition -5 8 . $ to this condominicm permit and tentative subdivision map, insured that the fjh9l nap will not be approved unless the City Council finzs that sewer service is available to serve the project. Iil addition, the Planning Comnission has added a condition that a note shaii be placed on the final map that building perrr.its may not be iss-aed for the condomini project unless the Ci.ty Engineer deterrnlnes tht. sewer service is available. Since the final map cannot be approved unless sewer service is available and building cinr,ct occur within the project unless sewer service s-enains avaiiable , the Plannin< 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 Cornmicaion is mtiaf ioc! that the mouimments of c) School fees to mitigate conditions of overcrowding are required at the time of building perrnits pursuant to Chapter 21.55 of the Carlsbad MEnicipal Code. d) Water service will be provided by the Carlsbad Municipal 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. At this time, the Planning Commission is not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. The Planning Co-mission 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 facilitie: which it will require, the Planning Commission is sat-isfied that the requirements of the public facilities eleinent of the ger,eral pian have been satisfied, g) 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 devoil! of any significant flora or fauna, or any historical or unique environmental features. .6 f. W e b) . The City's condominiurn and grading orciinances will adequately serve to mitigate any potential adverse impacts which cculd be generated by this project. The proposed condominium developnent is consistent with the City's land use plan, and wikX the trend of development i.n the La Costa arq, c) 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 condorriinium ordinance have been met or will be made conditions of approval. b) The condominiums neet the design criteria of the condominium ordinance since the overall plan is comprehensive, embracing land, buildings, land- scaping and their relationships. Conditions 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 substantiall; as show3 on CT 79-7/CP-10, Exhibit A, €3, C-1, C-2, D-1 and D-2, dated August 2, 1979, on file in the Planning Department Office, except for modifications required herein. 2) The applicant shall cornply with all rules and regulation of the Sari Marcos Water District regarding water service to the condominium project. Should extensions to the ' existing public water system be deemed appropriate by the Carlsbad Municipal Water District, the developer will be required to provlde the complete system. The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all require- ments of the condominium permit approval, and shall be subject to the approval of the Planning Director. 3) 4) The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications. These fees shall be based on the fee schedule in effect at the time of building permit. 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 toleran plant species and water conservation features. I. -7 I 0 e,, The landscape and irriga-tioi? system shall be installed immediately upon completion of grading and, if necessary, temporary water connections shall be made prior to the installation of the required subdivision inprovements. This subdivision ai-id condominium plar, is a-ppoved upon the express condition that the final map shall not be approved unless the City Council finds as of the time serve the subdivision. This subdivision condominium plan is approved upon the express condi-tion that building or grading permits will not be issued for development of the scbject property facilities are available at the time of application for such permits and will continue to be available untii time of occupancy. that sewer facilities are not available, building permits will not be issued. A water system and fire hydrants shall be provid-ed by the applicant subject to the approval of the Fire Marshal. In order to provide for fire protection during the con- struction period., the applicant shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as 6) ’ of such approval that sewer service is available to 7) *unless the City Engineer determines that such sewer If the City Engineer determines 8) 9) recommended by the Fire Department. 10) All private driveways shall- be kept clear of parked vehicles at all times, and shall have pcsted “NO Parking ’ Fire Access Lane.” -11) Street trees of a variety a;?proved by the Parks and Recreation Department shall be installed to City specifi at 40 foot intervels along all public street frontages. All condominium units shall be required to have trash compactors. 12) 13) Prior to the issuance of building permits, the applicant shall establish covenants, conditions and restrictions €or 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 D‘ irector. 4. .8 I I. m. 8 .* 14) Prior to the lssuarice of building permits, the developer shall pay a public facilities fee as it may be adopted by the City Council. Prior to approval of the final shall be made guaranteeing such payment. map, arrangements satisfactory to the City ?tanager 15) The developer shall install standard city street lights along all public street frontages to the satisEaction of the City Engineer pric-r to oecupzlncy of any units. 16) The developer must receive the approval oE 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. 17) The developer shall receive the approval of the City Engineer for a site grading plan prior to any constructic being performed within the project site. 18) Gradin9 shall occur in accordance with an approved grading and erosion ccntrol 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. 19) Draj-nage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading and erosion control, All facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. the City of Carlsbad Engin.eer,kng 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. 20) All public improvements shall be made in conformity to 21) Additional drainage easements and drainage structures the County Department of Sanitation and Flood Control and/or the City Engineer. . shall be provided or installed as may be required by 22) A11 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. e9 L a 0’ 0 .- 23) At the time of filing €or final map, the applicant sha1.l prolrid~ a list of at l@ast three street nilma 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 regior?, of the City. 24) Immediately uyon the completion of grading, all slopes in excess of 1-0 feet in vertical height shall be stabilized by hydroseeding, mulching and fertiiization. The seed mix shall be designed by an expert in the f.ield based on a soil- analysis of the slopes taken at a maximum interval of 500 feet, and shall be a2proved by the Parks and fiecxeation 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 bo, applied at not less than 2,000 lbs/acre., and the fertilizer at not less than 1,000 Ibs/acre., or acceptable alternative. EM: ar 5/15/79 Location Map . .. - .10 L.) ,Y . I \ +--. rz Jew L3 school District:_;fja t .I \ I - il - 1 i -a --= - - --. - & 0 LC_ 1 I m 3 n. ,) ~ .. ~ -c- . -- - / e. -~ % - -. - . -e 5;rA/R' .5rQe4e;lrs JZ7 w*n 9k7% 7-'n%c d.!d .- .. *. . - P,$ , . ~- ... 1 .. .. .’ r’. . - J: I_ .. .. ~. .. .. .. . .. ~. .. .- -. ., .. .. .. ,. -- .. . ,. .. . c _. - .. . .. .. - ,_ .. , .=: -. .. .. .. *. I. ., - -. ._ y E- ? ~. - ~~ -L >. <.. - . -- ~ .- -- 7. ~d .. .. .~ .. .. .. .. .. _L ,. ._ .. .. . . -. .~ -- . .- . ~. ~. *. - .. .. . __ . .. .L -. .. ..- ’> . .. -: :?, 2 .2 . -. .. .. II .F . .. .. .- .. .. .. .. . J ,. I .~ .. I ..:* , .. .. .- .~ .. .. -, - .. . i. -c z *. .. . .. .. ~. .. .. .... I L. .- .. . .. .~. _= ~ -- .. .. ... . :.