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HomeMy WebLinkAbout1983-04-05; City Council; 7321-1; TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT: SHAPPELL INDUSTRIES CT 83-01/CP 226-I"-, CIT&F CARLSBAD - AGEND~ILL AB# 7321-1 CIT PERMIT: SHAPPELL INDUSTRIES MTG. 4/5/83 DEI TITLE TENTATIVE TRACT MAP AND CONDOMINIUM D€PT, CA CIT CT 83=1/CP=228 w a > 0 E e [% CC 2 0 .. 5 i a z 3 0 0 RECOMMENDED ACTION: If the City Council wishes to approve the Tentative Tract May CT 83-1 and Condominium Permit CP-226, then your recommended action is to approve Resolution No. 7/8 0 and adopt Ordin: 9676 and Ordinance No. 9677. ITEM EXPLANATION The City Council, at your meeting of March 15, 1983, introduc Ordinance No. 9676 approving MP-l49(K) and Ordinance No. 967' approving SP-l71(C). In addition, the City Council directed City Attorney to prepare the necessary document approving a 120 unit Tentative Tract Map CT 83-1 and Condominium Permit CP-226, That resolution is attached. EXHIBIT Resolution No. 7/ 80 Ordinance No. 9676 Ordinance No. 9677 I (7 ll 0 1 RESOLUTION NO. 7180 2 TENTATIVE TRACT MAP (CT 83-1) AND CONDOMINIUM 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 LOT/120 UNIT PERMIT (CP-226) ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LEVANTE STREET. 4 5 APPLICANT: SHAPPELL INDUSTRIES CT 82-15/CP-212 6 Commission adopted Resolution No. 2082 recommending to the 7 WHEREAS, on February 23, 1983, the Carlsbad Planr! 8 Council that Tentative Tract Map (CT 83-1) and Condominiun 9 Permit (CP-226) be approved; and 10 WHEREAS, the City Council of the City of Carlsbad l1 to Tentative Tract Map (CT 83-1) and Condominium Permit g g l3 recommendations and heard all persons interested in or OPE n l2 March 15, 1983, held a public hearing to consider the si -v us g no c5~ 3z ul‘ 14 (CP-226); and _oc>:! z iEK meal 15 WHEREAS, said Tentative Tract Map and Condominiur L. 3a g’ 86 l6 Permit have been declared to have a nonsignificant impact 20 v) aa wv “ocd, :k 2 lv environment and a Negative Declaration was prepared and f! >d g . 1811 February 14, 1983 in compliance with the requirements of 1 l9 California Environmental Quality Act; 2o of Carlsbad Environmental Protection Ordinance of 1980 an( 21 NOW, THEREFORE, BE IT RESOLVED by the City Counc: 22 in this matter. 26 Resolution No. 2082 constitute the findings of the City Cl 25 B. That the findings of ‘the Planning Commission 24 I A. That the above recitations are true and corn 23 the City of Carlsbad, California as follows: 27 /// 28 /// .: 11 . e 0 1 2 provisions for its design and improvement and subject to t C. That said Tentative Tract Map, together with 3 * conditions of this resolution, is consistent with all appl 5 general and specific plans of the City of Carlsbad. D, That Tentative Tract Map CT 83-1 and Condomir 0 a E* 200 a% 8 -."us OIL 32 p;Cc -0czp gfq zo fl >o aG -I u:. 3a 5t86 wv >5 2 6. 6 7 8 9 10 11 12 13 14 15 16 3.7 18 19 20 21 Permit CP-226 are hereby approved subject to all applicabl requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commj Resolution No. 2082, dated February 23, 1983 marked Exhibj attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meetir the City Council of the City of Carlsbad, California on tl: 5th day of Apri1 I 1983 by the following to wit: AYES : Council Imrs Casler, Lewis, K~ilchin, Chick ani NOES : ABSENT: None None 2 MARY H. ASLER, JL Mayor 22 23 ATTEST : i 24 25 &A d Pa* ALETHA L. RAUTENKRANZ, C47Y cdkX'4' 26 // (SEAL) 27 28 2. , v-. .- . .. .. e: ';. ,'. .;.-, I1 ' tKHII *. II . FaSOLUTION B 1 2 3 4 5 PLANNING CONMISSION RESOLUTION NO. 2082 A RESOLUTION OF THE PLANNING COMMISSION OF THE APPROVAL FOR A 12-LOT/120-UNIT TENTATIVE TRACT LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LEVANTE STREET. - CASE NO: CT 83-1/CP-226 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING MAP AND CONDOblINIUM PERMIT ON PROPERTY GENERALLS APPLICANT: SilAPELL INDUSTRIES 6 7 wit: WHEREAS, a verified application for certain pro] .. r 8 9 Lots 226 and 227 of Tract No. 75-7 according to Map thereof No. 8379 filed September 14, 7976. 10 1) has been filed with the City of Carlsbad, and referred t' 11 Planning Commission; and 3.2 WHEREAS, said verified application constitutes provided by Title 21 of the Carlsbad EJiUniCipal Code; and WHEREAS, the Planning Commission did, on the 23 February, 1983, ' hold a duly noticed public hearing as pr 3.3 14 15 16 3.7 18 considering all testimony and arguments, if any, of all 19 law, to consider said request; and WHEREAS, at said public hearing, upon hearing a desiring to be heard, said Commission considered all fac 20 relating to the Tentative Tract Map and Condominium Pern 21 . A) That the foregoing recitations, are true sild correcl 23 e. 22 Commission as follows: following findings and subject to the following co1 85 Conlmission recommends APPROVAL of CT 83-1/CP-226, i B) That based on the evidence presented at the public 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI 26 Findings: 1) The proposed density of IS du*r/acre can he justif ,27 General plan category of RMII (10-20 du's/acrc) si1'' 28 I1 a) The recreational amenities of the project cxce required by thc Planned Dcvclopmcnt Ordinance. @. .. I. 0. * .. .- .. .. .. 5 '2 3' 4 5 2) 9 8 7 3) 6 10 11 12 13 34 25 16 17 5-8 39 20 21 22 23 24 25 26 27 6) 20 '_ 3'. 4) 5) b) The project, as designed, minimizes any adverse i the site and to adjacent properties, C) The project will be located in close proximity tc commercial centers and to public transportation 1 The site is physically suitable for the type and den: development since the site is adequate in size and s: accoinrnodate residential development at the density p' The project is consistent with all City public facil icies and ordinances since: a) The Planning Commission has, by inclusidn of an condition to this project, insured that the fina not be approved unless the City Council finds th service is available to serve the project. In a the Planning Commission has added a condition th shall be place3 on the final map that building p not be issued .for the project unless the City En determines that sewer service is available, and cannot occur within the project unless sewer ser rema.ins available, and the Planning Cornrnission i that the requirements of the Public Facilities E 'the General Plan have been met insofar as they z sewer service for this project, b) School fees will be paid to ensure the availabil school facilities in the San Dieguito and Encinj Unified School District. c) Park-in-lieu fees are required as a condition oj d)..811 necessary public improvements have been pro will be required as conditions of approval. e). The applicant has agreed and is required by the of an appropriate condition to pay a public fac Performance of that contract and payment of the enable this body to find that public facilities available concurrent with need as required by t plan , The proposed project is consistent: with the City's De.velopnent Ordinance and also complies with the De Guidelines Manual. .. The proposed project is compatible with the surrour existing and future land uses since the properties and south are designated for residential developer General Plan. This project will not cause any significant envirot impacts and a Ncgative Declaration has been issued Use Plan:ling Manaqcr on February 14 I 1983 and apprc Planning Commission on February 23, 1983. pc lilSS0 NO. 2002 2. ' . :', ? e. '*. @ ,. 1 Conditions : 2 3 4 5 6 -- . 7 8 9 20 . 11 12 ,I3 14 15 1) Approval is granted far CT 83-1/CP-226, as shown on "A" - "€1" f dated January 8, 1383, incorporated by re on file in the Land Use Planning Office. Developmen occur substantially as shown unless otherwise noted cond i t ions. 2) This project is approved upon the express condition final map shall not be approved unless the City Coul: as of the time of such approval that sewer service i to serve the subdivision. 3) This project is approved upon the express condition building permits will not be issued for development subject property unless the City Engineer determine: facilities are available at the time of application sewer pernits and will continue to be available unt. occupancy. This note shall be placed on the final I 4) This project is approved uport the express condition applicant shall pay a public facilities fee as requ. Council Policy No. 17, dated April 2, 1982, on file City Clerk and incorporated herein by reference, anc to the agreement executed by the applicant for payrnc fee, a copy of that agreement, dated January 3, 198 file with the City Clerk and incorporated herein by If said fee is not paid as promised, this applicatic be consistent with the General Plan and approval fo. project shall be void. X' 17 5) The applicant shall pay park-in-lieu fees to the Ci the approval of the final map as required by Chaptc the Carlsbad Municipal Code. l8 6) The applicant shall provide school fees to mitj-gate 19 of overcrowding as part of building permit applicat fees shall be based on the fee schedule in effect a 20 of building permit application. .. .f ZJ. 22 23 24 7) Approval of this request shall not excuse cornplianc sections of the Zoning Ordinance and all other appl ordinances in effect at time of building permit iss 8) Prior to occupancy of any units, the applicant shal a'.directory sign near the entrance of the project : the location of each unit. The design of this sigr approved by the Land Use Planning lYanager and Fire ' 25 26 9) The applicant shall prepare a reproducible mylar oj 27 site plan shall be sub~nitted to and approved by tht site plan incorporating the conditions contained ht corrcsponding covenantsf conditions and restrictiol 10) The applicant shall cst.ablish a homeowner's associi 28 Planning t4anagc.r prior. to the issuance of building 11 PC RESO NO. 2082 3. '. *. 1. @ .. .. .. .. ~ ... . ., .. 1 2 . 3 10) 4 .. .. 5 6 7 11) 8 9 12) 20 13) 11 . 12 13 14 15 15) 36 14) '17 - 18 16) 19 20 23. 17) 22 23 24 18) 25 26 19) 27 20 20) CCbR's shall be submitted to and approved by the Lanc Planning Manager prior to final map approval. The applicant shall prepare a detailed landscape and plan which shall be submitted to and approved by the Planning Manager prior to the issuance of building p Said plan shall include landscape screening along th property line to shield the common recreation area f single family residences to the east. A 500' scale map of the subdivision shall be submitt Land Use Planning Manager prior to the recordation c map. Said map shall show all lots and streets withi adjacent to the project. All landscaped areas shall be maintained in a healtk thriving condition, free from weeds, trash, and debr Any signs proposed for this development shall be de: conformance with the City's Sign Ordinance and shal: review and approval of the Land Use Planning Manage: installation of such signs. Trash receptacle areas shall be enclosed by a six+ masonry wall with gates pursuant to City standards. of said receptacles shall be approved by the Land U: Manager. All roof appurtenances, including air conditioners, architecturally integrated and shielded from view a buffered from adjacent properties and streets, purs Building Department Policy No. 80-6, to the satisfa Land Use Planning Manager and Building and Planning The applicant shall submit a street name list consi the City's street name policy subject to the Land U Manager's approval prior to final map approval. The project shall provide bus stop facilities at IC subject to the satisfaction of the North County Tr; trick, Said facilities shall at a mini.mum include free from advertising, and a. pole for the bus stop bench and pole shall be designed in a manner so as detract from the basic architectural theme of the 1 said design shall be subject to the approval of tht Planning Manager and North County Transit District< Approval of Tentative Tract No. 83-1/CP-226 is gral to approval of Specific Plan 171(C) and Master Pla. A11 uncovered parking spaces assigned to individua be clearly designated to the satisfaction of the 13 Planning Manager. Prior to issuance of a building permit, the applic -, l1PC RES0 NO. 2082 4. s . II a 0 .. ' ." * ' .. '.. 3. 2 3 provide a detailed lighting plan to'the satisfaction that light does not spill over or adversely impact t residences to the east. In addition, lighting for t ational facilities shall not be operated after 1O:OO requirement shall be clearly stated in the CC&R's. Land Use Planning Manager. All lighting shall be pl .. ~IL .. .' Engineering; 5 21) The developer shall obtain a grading permit prior to commencement ..of any clearing or grading of the site. .6 7 8 9 .. 20 -. . 22 1 I 1 I x' 22 23) 24) l3 34 15 16 25) 17 18 26) l9 27) 20 21 .. 22 28) 23 24 25 29) 30) 2G 21 28 31) The grading for this project is defined as "controll by Section 11.06.170(a) of the Carlsbad Municipal Cc Grading shall be performed under the observation of engineer whose responsibility it shall be to coordin inspection and testing to insure compliance of the w the approved grading plan, submit required reports t Engineer and veriE.y compliance with Chapter 11-06 of Carlsbad Municipal Code. No grading shall occur outside the limits of the suk unless a letter of permission is obtained from the c the affected properties. Additional drainage easements and drainage structure provided or installed as may be required by the Cour Department of Sanitation and Flood Control or the Ci neer. All land and/or easements required by this project 5 granted to the City, without cost to the City, free of all liens and encumberances. Direct access rights for all lots abutting El Caminc be waived on the final map, All public streets shall be improved by the developt the typical sections shown on the tentative map and mance with City of Carlsbad standards prior to OCCUJ buildings. El Camino Real shall be improved by the developer a: subdivision frontage based on a centerline to curb : of,53 feet and in conformance with City of Carlsbad prior to occupancy of any buildings. Adequate sight distance at the private street and LC Street, as well as at Levante and El Camino Real, ml provided to the satisfgction of the City Eriginecr. The slope adjacent to El Camino Real shall be reloc, the storm drain easement, unless San Diego Flood Co District approves this'design. All access driveways shall be a minimum of 24 feet 1 .. . I1 PC RES0 NO. 2082 5. .I .. .*'.* ,: I( . % e a' ' shall use a 20-foot side line radius at all points of '2 32) The slope along Street'"A" shall have at least. 2 feet 1 . and egress. . from the toe of slope to the curb face. 8 4 5 6 7 33) Approval of this tentative tract map shall expire twl months from the date of City Council approval unless map is recorded. An extension may be requested by t; applicant. Said extension shall be approved or denit discret-.ion of the City Council. In approvong an ext City Council may impose new conditions and may revis conditions. Ipire : 8 9 ll 34) Additional public and/or on site fire hydrants shall quired iE deemed necessary by the Fire Marshall. -- . 20 . .. 21 - 12 13 35) The applicant shall submit two (2) copies of a site showing locations of existing and proposed fire hydr site roads and drives subject to the approval of thc Marshall. 36) An all weather access road shall be maintained throt construction. l4 15 37) All required fire hydrants, water mains and appurter be operational prior to combustible building materi; located on the project site. Is 17 38) All private driveways shall be kept clear of parked . all timesf and shall have posted "NO Parking/Fire L 39) Fire retardant roofs shall be required on all struc l8 Zone" pursuant to Section 17.04.040, Ctirlsbad Nunic 19 20 21 22 23 24 25 26 27 140) Brush clearance shall be maintained within a mlnimu of 30 feet to each residence. 41) All fire alarm systems, fire hydrants, extinguishin automatic sprinklers, and other systems pertinent 1: project shall be submitted to the Fire Department f prior to construction. 42) All buildings shall he sprinklered to the satisfacf Fire Marshall unless an alternative method is apprc , Fire Marshall. Parks and Recreation: 43) Median and landscape improvcwnts arc required on i ., ' ." " .. Real to the satisfaction of the City Engineer and and Recreation Director. 28 44) The landscape plan for this project shall be revis PC RESO NO. 2082 6. 1 .. # .L .. * ** e "e ' include a minimal amount of turf area and utilize 1n01 1 45) Street trees shall be planted along El Camino Real a; 2 . tolerant species. 3 * Street to the satisfaction of the Parks and Recreatic Director at the time public street improvements are ; 4 PASSED, APPROVED AND ADOPTED at a regular meetin1 5 6 planning Commission of the City of Carlsbad; California, .7 23rd day of February, 1983, by the following vote,' to wit AYES: ' Chairman Schlehuber , Commissioners Marc 8 NOES: None. Rombotis, Jose and Rawlins. 9 10 . 12 - 12 ABSENT: Commissioners Farrow and Friestedt. ABSTAIN: None. " .. , I/3 CLARENCE SCHLEHUBER, C*E 14 15 ATTEST: . CARLSBAU PLANNING COMMIZ 16 ~~~~~,~~~~i~~~~~,~~~- " " "_ ICHAEL J. iiO!>Zi"iILQyL? x' :AND USE PLANNING MANAGER 18 19 20 21 22 . 23 24 25 2G .. 2'1 .. .. .. .. !I ! .+ .. .' .r .. 28 PC RES0 NO. 2082 .. 7. L I.. I1 . e a 1 2 3 4 5 'I ORDINANCE NO. 9676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA, AMENDING ORDINANCE NO, 9570 AS AMEN1 ORDINANCE NO, 9628 AND MASTER PLAN (MP-149(E)) ? THE MASTER PLAN DESIGNATION OF A PARCEL FROM RLE PROPERTY GENERALLY LOCATED ON THE NORTHEAST COR1 CAMINO REAL AND LEVANTE STREET. APPLICANT: SHAPELL INDUSTRIES. CASE NO. MP-14: I 6 7 8 9 10 The City Council of the City of Carlsbad, Califc ordain as follows: SECTION 1: That Ordinance No. 9570, as amended Ordinance No. 9628, and Master Plan MP-l49(E) adopted th hereby amended by changing the Master Plan Land Use desi 11 12 13 14 ' 15 16 17 18 from RLM to RMH on the property located on the northeast El Camino Real and Levante Street. SECTION 2: That the findings of the Planning C contained in Resolution No. 2083 constitute the findings City Council in this matter. SECTION 3: That amended Master Plan MP-149(K) subject to all applicable requirements of the Carlsbad P Code and to the satisfaction of the conditions imposed k 19 I approvals of said plan. 20 21 22 SECTION 4: The amendments specified in SeCtiOr incorporated into the official La Costa Master Plan map by Ordinance No. 9570, as amended by Ordinance No. 9628, 2311 with 'the City Clerk, within 30 days of the effective dai 24 25 26 27 28 ordinance. When such incorporation is accomplished the Manager shall so certify. //// ~ //// //// e 0 1 EFFECTIVE DATE: This ordinance shall be effecti 2 6 adoption. 5 once in the Carlsbad Journal within fifteen days after it 4 adoption of this ordinance and cause it to be published a 3 days after its adoption, and the City Clerk shall certify INTRODUCED AND FIRST READ at a regular meeting c 7 Carlsbad City Council held on the 15th day of Bch 8 1983, and thereafter 9 PASSED AND ADOPTED at a regular meeting of said 10 11 Council held on the 5th day of April , 1983 bj following vote, to wit: 12 AYES: Council Merrkrs Casler, LRwis, Kulchin, Chi& an( 13 14 NOES: None ABSENT : None 15 16 17 18 19 20 21 22 23 24 25 26 27 20 ATTEST : 5 d e&- MARY H. ASLER, Mayor /&Ld ALETHA L. RAUT (SEAL) i 2. *.- '* /I m e 1 2 3 4 5 ORDINANCE NO. 9677 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ( CALIFORNIA, RESCINDING AN AMENDMENT TO SPECIFIC : FOR A MODEL HOME COMPLEX AND SALES OFFICE ON PRO GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL AND LEVANTE STREET. APPLICANT: SHAPELL INDUSTRIES. CASE NO.: SP-1 6 ordain as follows: 7 The City Council of the City of Carlsbad, Calif0 8 home complex and sales office on the northeast corner of 9 SECTION 1: That Ordinance No. 9476, which allow 10 Real and Levante Street is hereby rescinded. 11 SECTION 2: That the findings of the Planning Cc 12 13 contained in Resolution No. 2084 constitute the findings 14 Council in this matter. EFFECTIVE DATE: This ordinance shall be effect: 15 days after its adoption, and the City Clerk shall certif] 16 adoption of this ordinance and cause it to be published i 3.7 once in the Carlsbad Journal within fifteen days after i. 18 adopt ion. 19 20 //// //// 21 22 //// //// 23 ///I 24 //// //// 27 //// 26 /i// 25 20 //// a 44 ’. 0 e 1 INTRODUCED AND FIRST READ at a regular meeting of 2 and thereafter 3 Carlsbad City Council held on the 15th day of March 4 PASSED AND ADOPTED at a regular meeting of said ( 5 following vote, to wit: 6 Council held on the 5th day of Mril f 1983, bl 7 AYES : Council bhtbers Cask, I,wi.s, Kul&.in, ai& and 8 NOES: None 9 10 11 12 ABSENT : None ATTEST : Ld& MARY H. pSLERr Mayor 13 14 15 AL46AiRA .? (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 2.