HomeMy WebLinkAbout1981-10-28; Planning Commission; Resolution 1882, '. 7 "9
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PLANNING C0MM::SSION RESOLUTION NO. 1882 ~~
A RESOLUTION QF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
A 336 UNIT CO!.JDOMINIUM DEVELOPMENT ON PROPERTY
GENERALLY LOCATED ON PIRAQUA AND VENADO STREETS,
LA COSTA
APPLICANT: Liz COSTA VALE, LTD.
CASE NO: CP-36 (A)
WHEREAS, a verified application for certain property, to
wit:
Lots 274 through 2i39 and 291 through 295 of Carlsbad Trac-
72-20 (La Costa Va.Le Unit No. 2) according to Map No. 777'
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
WHEREAS, the Planning Commission did, on the 28th day of
October, 1981, hold a duly noticed public hearing as prescrib
by law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and conside
all testimony and argunents, if any, of all persons desiring
be heard, said Commission considered all factors relating to
Condominium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Com
sion as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearin
the Commission recommends APPROVAL of CP-36(A), based on
following findings and subject to the following condition
Findings:
1) The proposed projcct is consistent with the City's curren
General Plan and a4th the Specific Plan which has been
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applied to this property, since the proposed density of 8,
du's/ac does not exceed the density limit of 10-20 du's/ac
established for this site and previous grading activities
the topography of the site precludes a higher density. A!
as conditioned, the project conforms to the requirements (
all other applicable General Plan Elements.
A Subdivision Map for the site (CT 72-20) , designating al:
lots as "Condominium Lots", has been finaled and approved the City Council and a condition has been included which :
quires the applicant to file for an adjustment plat in or(
to remove all lot lines which would intersect a proposed
dwelling unit.
8 3) The site is physically suitable for the type and density 1
the development since the site is adequate in size and sh
sity and still meet all the requirements of the City's Co
9 to accommodate residential development at the proposed de,
10 minium Ordinance.
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4) The project is consistent with all City public facility p
cies and ordinances since:
a) One hundred fifty sewer connections have been reserve for the first two phases of development by the Leucad
County Water District.
b) A condition has been added that building permits cann
be issued unless sewer service is available and build
cannot occur within the project unless sewer service
mains available. Therefore, the Planning Commission
satisfied that the requirements of the Public Facilit
Element of the General Plan have been met insofar as apply to sewer service for this project.
c) An agreement exists between the La Costa Land Company
the Encinitas School District whereby a school site h
been made available to this district covering the sub
project.
Also, a condition of approval requires that certain
school fees must be paid to the San Dieguito Union Sc
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 pr vided or will be required as conditions of approval.
f) The applicant has agreed and is required by the inclt
of an appropriate condition to pay a public facilitie
fee. Performance of that contract and payment of the
will enable this body to find that public facilities
be available concurrent with need as required by the
General Plan. 11 PC RES0 1882 -2-
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5) Based on an initial study of the project, including a fie1
investigation of the site, the Planning Director has deter
mined that the project will not result in any adverse envi
ronmental impacts and has issued a Negative Declaration or
December 19, 1979 (log No. 626) and a Notice of Prior Envi
ronmental Compliance on October 5, 1981 which was approved
the Planning Commission on October 28, 1981.
6) The proposed condominium project meets the criteria of Chz
ter 21.47 (condominiums) since:
a) The condominium meets the design criteria of Chapter 1 21.47.110 since the overall plan is comprehensive, em-
bracing land, buildings, landscaping and their relatic
ships, the driveways are not dominant features and sui cient circulation and on-site amenities are provided.
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b) Storage space, laundry facilities, open recreation arc
parking facilities, refuse areas, separate utilities i
all other requirements of Section 21.47.130 have been
or will be made conditions of approval.
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1) Approval is granted for CP 36(A), as shown on Exhibit(s) ' l4
General Conditions: l3
Conditions
-"F", dated September 17, 1981, incorporated by reference 15 on file in the Planning Department. Development shall occ
16 substantially as shown unless otherwise noted in these COI
tions.
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2) The conditions contained herein shall supercede all condi-
tions of CP 36 (Resolution No. 1629).
3) This project is approved upon the express condition that
building permits will not be issued for development of tht
subject property unless the City Engineer determines that
sewer facilities are available at the time of application
such sewer permits and will continue to be available unti:
time of occupancy.
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4) This project is approved upon the express condition that .
applicant shall pay a public facilities fee as required b:
City Council Policy No. 17, dated August 29, 1979, on fi
with the City Clerk and incorporated herein by reference,
according to the agreement executed by the applicant for :
ment of said fee a copy of that agreement dated October 5
1981, is on file with the City Clerk and incorporated her
by reference. If said fee is not paid as promised, this
plication will not be consistent with the General Plan an
approval for this project shall be void. ///
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IIPC RES0 1882 - 3- I1
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5) The applicant shall provide school fees to San Dieguito Un
District 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.
6) Approval of this request shall not excuse compliance with
5 sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit issu-
6 ance.
7 Planning -Department:
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7) The applicant shall prepare a reproducible mylar of the fj
site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the
Planning Director prior to the issuance of building permit
8) The applicant shall establish a homeowner's association an one master set of corresponding covenants, conditions and restrictions for the entire project. Said CC&R's shall be submitted to and approved by the Planning Department prior issuance of building permits in any phase.
9) The followng provisions shall be included in the CC&R's required pursuant to condition No. 8:
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c) A common architectural theme shall be maintained for 2 18
b) All lots shall be subject to the CC&R's in perpetuity, 17
contiguous. 16
a) No individual lots may be sold separately unless they
are sold in groups of at least two lots and are
lots . 19 I I d) All lots shall share common recreation amenities.
20// IO) All parking lot trees shall be a minimum of 15 gallons in
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11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Locat of said receptacles shall be approved by the Planning Dire tor prior to the issuance of building permits and shall be
shown on the final site plans required pursuant to conditj
No. 7.
27 13) The recreation facility located on Lot 291 shall be instal ll prior to occupancy of any units in Phase 1.
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ll pc RESO 1882
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1 14) The barbeque facility within lot 274 shall be relocated to
the satisfaction of the Planning Director. The new locatit
condition No. 7. 2
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shall be shown on the final site plan required pursuant to
on the final site plan required pursuant to condition No. 5
barbeque, shall be provided at a location subject to the a 4
15) An additional recreation facility, including a jacuzzi and
proval of the Planning Director. The location shall be sh
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16) A minimum of 24 feet of backup shall be provided for all
parking spaces within this development.
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17) The applicant has agreed to provide improvements on behalf
the city for lot 290. Said lot shall be improved by the a
plicant concurrent with the construction of the units in
Phase I, subject to the approval of the Parks and Recreati Commission and Planning Director.
18) Prior to the issuance of any building permits within a spe
fic phase, the applicant shall submit an application for a adjustment plat and have a certificate of compliance recor ed, removing any lot line which intersects proposed dwelli units. A separate adjustment plat is required for each lo line to be removed. 1 14 19)
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Unless otherwise approved herein, the subject property sha
be subject to the RD-M zoning standards as they relate to permitted and conditional uses, building height, setbacks
yards.
Prior to the issuance of building permits for Phase I, the
applicant shall submit a detailed landscape, lighting and irrigation plan for the entire project subject to the appr
a1 of the Planning Director. Said plan shall utilize drou
and salt tolerant plant species to the maximum feasible an
indicate methods of low intensity lighting of common recre
tion areas and pedestrian walkways. Further, said plan
shall include a 6' high decorative block wall separating a screening lot 290 from the adjacent parcel to the west.
The proposed pathway connecting the proposed development ( 279) with the existing La Costa Canyon Park shall be imprc by the applicant and maintained by the homeowners' associa tion. This requirement shall be noted in the CCbR's.
24 22) The specific location and design of the community identity
tor prior to the issuance of building permits for Phase I. 25 signs shall be subject to the approval of the Planning Dir
26 23) All parking structures having individual garages shall be equipped with garage door openers. 27 ///
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PC RES0 1882 -5-
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1 Environmental. Conditions: I/ -
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24) The applicant shall grade in substantial conformance with
the approved grading and drainage plan.
25) All grading and land clearance operations shall be subject
the review and approval of the City Engineer. The applica shall obtain and strictly abide by an approved grading per mit.
26) In order to reduce human and domestic animal impacts on th San Marcos Canyon, the applicant shall erect a minimum 42 inch high, dark black chainlink fence for the length of th project along the San Marcos Canyon rim. This fence shall placed near the top of the Canyon, posted with "Danger/Kee
Out" signs, and the fence shall not be visible from the bottom of the Canyon. Access to the San Marcos Canyon sha be limited to lot 290.
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Engineering Conditions: -
27) No grading shall occur outside the limits of the subdivi-
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28) Concrete terrace drains shall be installed at the top of E
major slopes where required by the City Engineer.
29) All concrete terrace.drains shall be maintained by the hon owners' association (if on commonly owned property) or the individual property owner (if on an individually owned lot
in perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CCCE
IS.
18 30) Additional drainage easements and drainage structures shal
be provided or installed as may be required by the County 19 Department of Sanitation and Flood Control or the City Ens
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21 31) All buildings shall conform to minimum slope setback stan-
dards as specified in city of Carlsbad standard GS-14.
22 32) The design of all private streets and drainage shall be a1
23 proved by the City Engineer. The structural section of a: private streets and driveways shall conform to the city ol
Carlsbad street standards based on R-value tests. The mir 24 mum width of the private streets shall be 24 feet and, wht
25 determined necessary by the City Engineer and Planning
Director, each shall have a sidewalk along at least one s:
with a minimum width of four feet. All private streets, 26 driveways and drainage shall be inspected by the city and
27 standard improvement plan check and inspection fees shall paid prior to the issuance of a building permit.
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PC RES0 1882 -6-
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1 33) Lighting along the private streets shall be installed prio to occupancy of each phase and shall be subject to the 2 approval of the City Engineer,
3 34) Sidewalks, street light heads and any other public street
streets adjacent to the subdivision prior to occupancy of
improvements not presently existing shall be installed to 4
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city of Carlsbad standards by the developer along all pub1
units which abut said frontage.
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35) A report of a soils investigation of the site and a gradin plan shall be submitted by the applicant to the City Engin prior to the issuance of a grading permit.
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36) All cut and fill slopes shall be no steeper than two horiz
tal to one vertical unless otherwise approved by the City
Engineer. No fill slopes shall extend outside the subdivi
sion boundary adjacent to San Marcos Canyon. Care shall k taken in grading to ensure that no debris crosses the subd
vision boundary and goes into the Canyon,
37) All exposed slopes shall be hydroseeded or otherwise stabi ized immediately upon completion of grading activities.
13 ' tially intact shall be smoothed, stabilized and hydroseede 38) All previously manufactured slopes which are to remain ess
14 as may be required by the City Engineer.
15 Fire Department Conditions:
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39) Street addresses for each cluster of buildings shall be
40) An all weather access road shall be maintained throughout 18
the approval of the Fire Marshall.
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posted at the driveway entrance to each cluster subject tc
construction. 19
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shall be operational prior to combustible building materii 41) All required fire hydrants, water mains and appurtenances
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being located on the project site.
42) Brush clearance shall be maintained within a minimum disti
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43) All fire alarm systems, fire hydrants, extinguishing systt
automatic sprinklers and other systems pertinent to the pi
ject shall be submitted to the Fire Department for approvi prior to construction.
44) Buildings exceeding 10,000 square feet aggregate floor arc shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,0(
square feet (or less) areas.
28 45) Fire retardant roofs shall be required on all structures.
PC RES0 1882 -7- I1
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1 Parks-and-Recreation Department Conditions: /I 2
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46) The applicant shall provide a 30 foot landscape strip alon
the perimeter of the project creating a transition from th
project to the natural vegetation of San Marcos Canyon. S
planting shall include a minimum of 80% drought tolerant
plant species and established by an appropriate temporary
irrigation system subject to the approval of the Parks and
Recreation Director, The developer shall be responsible f
the maintenance of this landscape area adjacent to each ph up until the time of the sale of the last unit in each pha
at which time the homeowners' association shall be respon-
sible for this maintenance.
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Any existing street trees presently missing or subsequent1
damaged or removed shall be replaced with a tree equal in size subject to the approval of the Parks and Recreation
Director.
Approval of this permit shall expire 18 months from the da
of City Council approval unless building permits are issue
An extension may be requested by the applicant. Said exte
sion shall be approved or denied at the discretion of the City Council, In approving an extension the City Council impose new conditions and may revise existing conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad, California, held
the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt, L'Heurec
NOES : None
ABSENT: Schlebuber
ABSTAIN: None
CUS, Chairman
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