HomeMy WebLinkAbout1981-12-01; City Council; 6812-1; LA COSTA VALE LTD - 336 UNIT AMENDMENT TO AN APPROVED CONDOMINIUM PERMIT. PIRAGUA AND VENADA STREETSz 0 ti er:
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AB# 6812-1
MTG. 12-1-81
DEPT._CA __ _
TITLE: CP-36(A) LA COSTA VALE, LTD.--336
UNIT AMENDMENT TO AN APPROVED -CONDOMINIUM
PERMIT. PIRAGUA AND VENADA STREETS.
RECOMMENDED ACTION:
DEPT. HD.'\ii"FZT
CITY ATTY.:il[12_
CITY MGR.~
If the City Council desires to approve amended Condominium
Permit 36(A), your action is to adopt Resolution No._ l,;73£:'.
ITEM EXPLANATION:
The City Council, at your meeting of November 17, 1981, directed
the City Attorney to prepare the necessary documents approving an
amendment to a previously approved 243-unit Condominium Permit
(CP-36(A)) to add 93 units to said project, totaling 336 units
·overall. A resolution of approval is attached.
EXHIBIT:
Resolution No. (o 73 V •
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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
day of . Decenber ----1st , 198],_ by the following vote, to
wit:
ATTEST:
AYES : Cotmcil Members Casler, Anear, Lewis
NOES: None
ABSENT: Comcil ~ers Pa
ALETHA L. RAUTENKRANZ,ci.tycer
(SEAL)
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wit:
-• C .EXHIBIT A TO CITY COUNCIL ~OLUTIOiJ NO. 6738 ----'---~
PLANNING COMMISSION RESOLUTION NO. 1882
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
A 336 UNIT CONDOMINIUM 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
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 offi-ce of the San Diego County Recorder on
October 26, 1973
has bee.n filed with the City of Carlsbad, and referred to the
Planning Commission; and .
WHEREAS, said verified application constitutes a request as
provided by T1tle 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 prescribed
by law, to consider said request: and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
I be heard, sa.id Commission considered all factors relating to the 20 ·
Condominium Permit; and· 21
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NOW, THEREFO~E, BE IT HEREBY RESOLVED by the Planning Commis-•
sion 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:
Findings:
1) The proposed project is consistent with t~e 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 d·u' 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 for 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 poli-
cies and ordinances since:
a) One hundred fifty sewer connections have been reserved
for the first two phases of development by the Leucadia
County Water District.
b) 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.
c) 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
school fees must be paid to the San Dieguito Union School
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 pro~
vided or will be required as conditions of approval.
f.) 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 available concurrent with need as required by the
General Plan.
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l 5) Based on an initial study of the project, including a field
. · investigation of the site, the Planning Director has deter-
2 mined that the project will not result in any adverse envi-
ronmental impacts and has issued a Negative Declaration on
3 December 19, 1979 {log No. 626) and a Notice of Prior Envi-
ronmental Compliance on October 5, 1981 which was approved by
4 the Planning Commission on O~tober 28, 1981.
5 6) The proposed condominium project meets the criteria of Chap-
ter 21.47 (condominiums) since:
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a) The condominium meets the design criteria of Chapter
21.47.110 since the overall plan is comprehensive, em-
bracing land, buildings, landscaping and their relation-
ships, the driveways are not dominant features and suffi-
cient circulation and on-site amenitie~ are provided.
b) Storage space, laundry facilities, open recreation areas,
parking facilities, refuse areas, separate utilities and
all other requirements of Section 21.47.130 have been met
or will be made conditions of approval.
12 Conditions
13 General Conditions:
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1)
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Ill
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Approval is granted for CP 36(A), as shown ·on Exhibit(s) "A"
-"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 conditions contained herein shall supercede all condi-
tions of CP 36 (~esolution No. 1629).
This project is approved upon the express condition that
building permits will not be issued for development 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 occupancy.
This project is approved upc;:m the express condition that the
applicant sha.11 pay a public facilities fee as required by
City Council ~olicy No. 17, dated August 29, 1979, on file
with the City Clerk and incorporated herein by reference, and
accordiDg 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 herei~
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 -3-
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6)
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.
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.
·7 Planning-Department:
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8)
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 ana
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.
9) The followng provisions shall be included in the CC&R's
14 required pursuant to condition No. 8:
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a) No individual lots may be sold separately unless they
are sold in groups of at least two lots and are
contiguous.
b} All lots shall be subject to the CC&R's in perpetuity.
c) A corr~on architectural theme shall be maintained for all.
lots.
d) All lots shall share common recreation amenities.
10) All parking lot trees shall be a minimum of 15 gallons in
21 size.
22 11) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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12) 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 Direc-
tor prior to the issuance of building permits ~nd shall be
shown on the final site plans required pursuant to condition
No. 7.
27 13) The recreation faciiity located on Lot 291 shall be installed
prior to occupancy of any units in Phase 1.
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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 req~ired pursuant to
condition No. 7.
15} An additional recreation facility, including a jacuzzi and
4 barbeque, shall be provided at a location subject to the ap-
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. proval of the Planning Director. The location shall. be shown
on the final site plan required pursuant to condition No. 7.
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A minimum of 24 feet of backup shall be provided for all
parking spaces within this development.
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
Commissio~ and Planning Director.
Prior to the issuance of any building permits within a speci-
fic phase,· the applicant shall submit an application for an
adjustment 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.
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.
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 -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 intensi~y 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.
The proposed pathway connecting the proposed development {lot
279) with the existing La Costa Canyon Park shall be improved
by the applieant and maintained by the homeowners'· associa-
tion. This requirement shall be noted in the CC&R's.
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 ..
All parking structures having ·individual garages shall be
equipped with garage door openers.
PC RESO 1882 -5-
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.1 E~vironmental·Conditions:
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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 to
the review and approval of the City Engineer. The applicant
shall obtain and strictly abide by an approved grading per-
mit.
26) In order to reduce human and domestic animal impacts on the
San Marcos Canyon, the applicant shall erect a minimum 42
inch high, dark black chainlink fence for the length of the
project along the ·san Marcos canyon rim. This fence shall be
placed near the top of the Canyon, pqsted 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.
Engineering Conditions:
27} No grading shall occur outside the limits of ~he subdivi-
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Ill
Concrete terrace drains shall be installed at the top of all
major slopes where required by the City Engineer.
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. An appropriately worded statement clearly
identifying the responsibility shall be placed in the CC&R-' • • s.
Additional drainage easements and drainage structures shall
be provided or installed as may_ be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
All buildings shall conform to minimum slope setback stan-
dards as specified in city of Carlsbad standard GS-14.
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
Carlsbad 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.
PC RESO 1882 -6-
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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.
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 s~id frontage.
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 of a grading permit.
All cut and fill slopes shall ba 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-
visi6n ·boundart and goes intd the Canyon.
All exposed slopes shall be hydroseeded or otherwise stabil-
ized immediately upon completion-of grading activities.
All previously manufactured slopes which are to remain essen-
tially intact shall be smoothed, stabilized and hydroseeded
as may be required by the City Engineer.
Fire Department 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.
18 _40) An all weather access road shall be maintained throughout
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construction.
41) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
42) Brush clearanc~ shall be maintained within a minimum distance
of 30 feet t9 each residence . •
43) All fire alarm systems, fire hydrants, extinguishing systems,
automatic 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.
28 45) Fire retardant roofs shall be required on all structures.
PC RESO 1882 -7-/0
l Parks·and·Recreation Department Conditions:
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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 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 for
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-
sible for this maintenance.
Any existing street trees presently missing or subsequently
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 date
of City Council approval unless building permits are issued.
An ·extension may be requested by the applicant. Said exten~
sion shall be approved or denied at the discretion of the
City Council. In approving an extension the City Council may
impose new conditions and may revise existing conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
15 Planning Corrt---nission of the City of Carlsbad, California, held on
16 the 28th day of October, 1981, by the following vote, to wit:
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AYES: Marcus, Rombotis, Farrow, Jose, Friestedt, L'Heureux
NOES: None
ABSENT: Schlebuber
ABSTAIN: None
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RESO 1882 -8-
MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
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