HomeMy WebLinkAbout1981-12-01; City Council; Resolution 673819
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RESOLUTION NO. 6738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
AN AMENDMENT TO A PREVIOUSLY APPROVED 243-UNIT
CONDOMINIUM PROJECT (CP-36(A)) TO ADD 93 UNITS TO SAID PROJECT ON PROPERTY GENERALLY LOCATED ON PIRAQUA AND VENADO STREETS, LA COSTA. APPLICANT: LA COSTA VALE, LTD.
WHEREAS, on October 28, 1981 the Carlsbad Planning
Commission adopted Resolution No. 1882 recommending to the City
Council than an amendment to a previously approved 243-unit
Condominium Permit (CP-36(A)) to add 93 units to said project be
conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
November 17, 1981, held a public hearing to consider the
recommendations and hear all persons interested in or opposed to
amended Condominium Permit 36(A); and
WHEREAS, the Planning Director has determined that the
environmental effects of this project have been considered as
part of a previously certified Negative Declaration and,
therefore, has issued a Notice of Prior Environmental Compliance
on October 5, 1981 which was approved by the Planning Commission
on October 28, 1981; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1882 constitute the findings of the City Council
in this matter.
D. That said amended Condominium Permit (CP-36(A)) is
hereby approved subject to all applicable requirements of the
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Carlsbad Municipal Code and to the satisfaction of the conditions
conditions contained in Planning Commission Resolution No. 1880,
dated October 28, 1981, marked Exhibit A, attached hereto and
made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
, 1981 by the following vote, to Is t day of kcenher -
wit:
AYES: Council Wers Casler, hear, Lewis
NOES: None
ABSENT: &mCil Menhers
ATTEST :
( SEAL )
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(0XHIBIT A TO CITY COUNCIL NO. 6738 .
PLANNING COivIMISSION RESOLUTION NO. 1882
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFO,WIA, RECOMMENDING APPROVAL OF
A 336 UNIT CONDONINIUM DEVELOPMENT ON PROPERTY
GENERALLY LOCATED ON PIRAQUA AND VENADO STREETS,
LA COSTA
APPLICANT: LA COSTA VALE, LTD.
CASE NO: CP-36 (A)
WHEREAS, a verified application for certain property, to
wit:
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 b2e.n filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 28th day of
Dctober, 1981, hold a duly noticed public hearing as prescribed
3y law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
211 testimony and arguments, if anyI of all persons desiring to
>e heard, said Commission considered all factors relating to the
:ondonFnic.x~ ?emit; and
NOW, TEEREFOpE, BE IT HEREBY RESOLVED by the Planning Commis- 0
;ion as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CP-36 (A), based on the
following findings and subject to the following conditions:
'indings:
) The proposed project is consistent with the City's current
General Plan and with the Specific Plan which has been
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applied to this property, since the proposed density of 8.22
du's/ac does not exceed the density limit of 10-20 du's/ac
established for this site 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 applicable General Plan Elements
A Subdivision Map for the site (CT 72-20), designating all
lots as "Condominium Lots", has been finaled and approved by
the City Council and a condition has been included which re-
quires the applicant to file €or an adjustment plat in order
to remove all lot lines which would intersect a proposed
dwelling unit
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 den-
sity and still meet all the requirements of the City's Condo-
minium Ordinance.
The project is consistent with all City public facility p0l.i- cies and ordinances since:
One hundred fifty sewer connections have been reserved
for the first two phases of development by the Leucadia
County Water District.
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 re-
mains available. Therefore, the Planning Commission is
satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they apply to sewer service for this project.
An agreement exists between the La Costa Land Company and the Encinitas School District whereby a school site has
been made available to this district covering the subject
project.
Also, a condition of approval requires that certain
schocl fees must be paid to the San Dieguito Union School
Districtgprior to the issuance of building permits.
Adequate water and gas and electric service will be
available to serve the development.
All necessary public improvements have been either pro-
vided or will be required as conditions of approval.
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 avail-able concurrent with need as required by the
General Plan. arc
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Based on an initial study of the project, including a field
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 on
December 19, 1979 (log No. 626) and a Notice of Prior Envi-
ronmental Compliance on October 5, 1981 which was approved by
the Planning Cornmission on October 28, 1981-
The proposed condominium project meets the criteria of Chap-
ter 21.47 (condominiums) since:
a) The condominium meets the design criteria af Chapter
21-47.110 since the overall plan 2s comprehensive, em- bracing land, buildings ? landscaping and their relation-
ships, the driveways are not dominant features and suffi- cient circulation and on-site amenities are provided.
b) Storage space, laundry facilities, open recreation areasp
parking facilities I refuse areas, separate utilities and
all other requirements of Section 21.47.130 have been met
or will be made conditions of approval.
Conditions ,
General Conditions:
Approval is granted for CP 36(A), as shown on Exhibit(s) "Aac
-"F", dated September 17, 1981 , incorporated by reference and on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these condi-
tions.
The cor,ditions contained herein shall supercede all condi-
tions of C? 36 (Resolution No. 1629).
This project is approved upon the express condition that Suilding pemits will not be issued for developm,- ant of the
subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until
time of occcipancy.
T'ici.s praject is approved upon the express condition that the
applic=.r,i shaJl pay a public facilities fee as required by
City Zaunci.1 'Ppolicy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and
accordinc; to the agreement executed by the applicant for pay- ment of said fee a copy of that agreement dated October 5,
1981, is on file with the City Clerk and incorporated herein
by reference. If said fee is not paid as promised, this ap-
plication will not be consistent with the General Plan and approval for this project shall be void.
PC RESO 1882 L - 3-
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5) The applicant shall provide school fees to San Dieguito Union
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.
5) Approval of this request shall. not excuse compliance with all
sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issu-
ance,
Planning -Department : I
The applicant shall. prepare a reproducible mylar of the final 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 permits-
The applicant shall establish a homeowner's association and 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 to
issuance of building permits in any phase,
The followng provisions shall be included in the CC&R's
required pursuant to condition No. 8:
a) No individual lots may be sold separa'cely unless they are sold in groups of at: least two lots and are contiguous,
All lots shall be subject to the CC&R's in perpetuity. b)
c) A cormon architectural theme shall be maintained for all
lots.
d) All lots shall share common recreation amenities.
IO) A31 pzrking lot trees shall be a minimum of 15 gallons in size.
11> All landscapsd areas shall be maintained in a healthy and thriviilcj 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. of said receptacles shall be approved by the Planning Direc- tor prior to the issuance of building permits and shall be shown on the final site plans required pursuant to condition
No, 7.
13) The recreation facility located on Lot 291 shall be installed prior to occupancy of any units in Phase 1.
Location
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4) The barbeque facility within lot 274 shall be relocated to
the satisfaction of the Planning Director. The new location
shall be shown on the final site plan required pursuant to
condition No, 7,
5) An additional recreation facility, including a jacuzzi and
barbeque, shall be provided at a location subject to the ap-
proval of the Planning Director, The location shall. be shown on the final site plan required pursuant to condition No, 7*
6) A minimum of 24 feet of backup shall be provided for all
parking spaces within this development.
17) The applicant has agreed to provide improvements on behalf Of the city for lot 290, Said lot shall be improved by the ap- plicant concurrent with the construction of the units in
Phase I, subject to the approval of the Parks and Recreation
Commission and Planning Director,
18) Prior to the issuance of any building permits within a speci-
fic phase, the applicant shall submit an application for an
I adj-ustment plat and have a certificate of compliance record-
ed, removing any lot line which intersects proposed dwelling units. A separate adjustment plat is required for each lot
line to be removed.
19) Unless otherwise approved herein, the subject property shall
be subject to the RD-M zoning standards as they relate to
permitted and conditional uses, building height, setbacks and yards.
20) Prior to the issuance of building permits €or Phase I, the
applicant shall submit a detailed landscape, lighting and
irrigation plan for the entire project subject to the approv-
al of the Planning Director. Said plan shall utilize drought: and salt tolerant plant species to the maximum feasible and
indicate methods of low intensity lighting of common recrea-
tion areas and pedestrian walkways. Further, said plan
shall include a 6' high decorative block wall separating and
screening lot 290 from the adjacent parcel to the west.
27) The pro;?osed pathway connecting the proposed development (lot
273) with the existing La Costa Canyon Park shall be improved
by the applicant and maintained by the homeowners' associa-
tion. This requirement shall be noted in the CC&R's.
22) The specific location and design of the community identity signs shall be subject to the approval of the Planning Direc-
tor prior to the issuance of building permits for Phase I,
23) All parking structures having individual garages shall. be
equipped with garage door openers.
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3nvironmental' _L Conditions:
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 to
the review and approval of the City Engineer, shall obtain and strictly abide by an approved grading per- mit.
The applicant
26) In order to reduce human and domestic animal impacts on the §an Marcos Canyon, the applicant shall erect a minimum 42
inch high, dark black chainlink fence for the length of the project along the Sara Mareos Canyon rim,
placed near the top of the Canyon, posted with "Danger/Keep
Out" signs, and the fence shall not be visible from the
bottom of the Canyon, Access to the San Marcos Canyon shall be limited to lot 290,
This fence shall be
Engineering Conditions:
27) No grading shall occur outside the limits of the subdivi- sion.
28) Concrete terrace drains shall be installed at the top of all major slopes where required by the City Engineer,
29) All concrete terrace drains shall be maintained by the home-
owners' association (if on commonly owned property) or the
individual property owner (if on an individually owned lot) in perpetuity,
identifying the responsibility shall be placed in the CC&R-
'S.
An appropriately worded statement clearly
30 Additional drainage easements and drainage structures shall
be provicied or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
37) All buildings shall conform to minimum slope setback stan-
dards as specified in city of Carlsbad standard GS-14,
32) The design of all private streets and drainage shall be ap- proved by the City Engineer. The structural section of all private streets and driveways shall conform to the city of
Carlsbitd street standards based on R-value tests. The mini-
mum width of the private streets shall be 24 feet and, where determined necessary by the City Engineer and Planning
Director, each shall have a sidewalk along at least one side with a minimum width of four feet. All private streets, driveways and drainage shall be inspected by the city and the standard improvement plan check and inspection fees shall be
paid prior to the issuance of a building permit.
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PC RES0 1882 -6- ?
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33) Lighting along the private streets shall be installed prior to occupancy of each phase and shall be subject to the approval of the City Engineer.
34) Sidewalks, street light heads and any other public street
improvements not presently existing shall be installed to city of Carlsbad standards by the developer along all public streets adjacent to the subdivision prior to occupancy of any
units which abut said frontage.
35) A report of a soils investigation of the site and a grading plan shall be submitted by the applicant to the City Engineer prior to the issuance a€ a grading permit.
36) All cut and fill. slopes shall be no steeper than two horizon- 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 be taken in grading to ensure that no debris crosses the subdi-
vision boundary and goes into the Canyon,
37) All exposed slopes shall be hydroseeded or otherwise stabil- ized immediately upon completion of grading activities,
38) All previously manufactured slopes which are to remain essen- tially intect shall be smoothed, stabilized and hydroseeded as may be required by the City Engineer,
Fire Depctrtment Conditions:
39) Street addresses for each cluster of buildings shall be posted at the driveway entrance to each cluster subject to
the approval of the Fire Marshall,
40) An all weather access road shall be maintained throughout
41) All required fire hydrants, water mains and appurtenances
construction,
shall be operational prior to combustible building materials beiEg located on the project site.
42) Brush clezrance shall be maintained within a minimum distance of 30 fset t8 each residence.
43) All fire alarm systems, fire hydrants, extinguishing systems,
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automtic sprinklers and other systems pertinent to the pro-
ject shall be submitted to the Fire Department for approval
prior to construction.
44) Buildings exceeding 10,000 square feet aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the-building into 10,000
square feet (or less) areas.
45) Fire retardant roofs shall be required on all structures,
PC RES0 1882 -7- I@
arks and. Recreation Department Conditions: I
6) The applicant shall provide a 30 foot landscape strip along
the perimeter of the project creating a transition from the
project to the natural vegetation of San Marcos Canyon. Said planting shall include a minimum of 803 drought tolerant plant species and established by an appropriate temporary
irrigation system subject to the approval of the Parks and
Recreation Director,
the maintenance of this landscape area adjacent to each phase
up until the time of the sale of the last unit in each phase,
at which time the homeowners' association shall. be respon-
The developer shall be responsible for
sible for this maintenance,
Any existing street trees presently missing olt subsequently
damaged or removed shall be replaced with a tree equal in
size subject to the approval of the Parks and Recreation Director .,
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8) Approval of this permit.shal1 expire 18 months from the date
of City Council approval unless building permits are issued.
An 'extension may be requested by the applicant, Said exten- sion skiall be approved or denied at the discretion of the
City Council.
impose new conditions and may revise existin2 conditions. In approving an extension the City Council may
PASSEDl AP2ROVEB AND ADOPTED at a regular meeting of the
)lannS.na Comission of the City of Carlsbad, California? held on
:he 28th day of October, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Priestedt, L'Reureux
NOES: None
ABSE?;IT: Schlebuber
ABSTAIS: None
9 0
MARY MARCUS, Chairman
CARLSBAD PLANNING COMPfISSION
ATTEST:
JAMES' C. HAGAMAN, Secretary CARLSBAD PLANNING COMNISSION
-8- PC RES0 1882