HomeMy WebLinkAbout1983-07-19; City Council; 7435-1; MASTER PLAN AMENDMENT AND TENTATIVE MAP FOR HOSP GROVE MP 01A/CT 83-07 (DEVELOPMENT CONSULTANTS)1
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CITY& CARLSBAD - AGEND~ILL
AB# 7435-1 TITLE: - MASTER PLAN NTENDIIENT AND TENTATIVE DEPT. t
CITY A-
DEPT. CA DEVELOPMENT CONSULTANTS CITY M
RECOMMENDED ACTION:
MTG. 7/19/83 !*VIP FOR HOSP GROVE
J?P-1 (A)/CT 83-7
If the City Council wishes to approve master plan amendment MP-'I
and tentative map CT 83-7 for the Hosp Grove apartment project y action is to adopt Ordinance No. 9694 and to approve Resolution r ,- . 1-4 y-3
ITEM EXPLANATION
The City Council at your meeting of July 5, 1983 directed the Cj Attorney to prepare documents approving CT 83-7. At the same
meeting the City Council introduced Ordinance No. 9694 approvinc master plan amendment necessary to accommodate the project. The
documents have been prepared in accordance with Council's direct
and the Planning Commission Resolutions No. 2128, 2130 and, exw as follows, 2129.
Condition number 12 has been revised to make the approval of the subdivision (CT 83-7) subject to the conditions imposed by the Planning Commission in approving PCD-46 as contained in Planninc
Commission Resolution No. 2128.
Condition number 25 has been revised to require the constructior
the remaining street improvements on El Camino Real and Hosp Waj prior to approval of the final map.
Condition number 26 has been revised to require an improvement agreement and bond for the construction of Elm Avenue street improvements prior to approval of the final map.
EXHIBITS
Ordinance No. 9694 Resolution No. 72 ?~3
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TELEPH
(714) 43e
I .t
1200 ELM AVENUE
CARLSBAD, CALI F08N 1A 92CB
aitp of YCarfSbaB
July 27, 1983
Development Consultants
Attn: Joe Sandy
P.O. Box 2143
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
Ordinance Eo. 9694 followhg Res. 7293 __-- , adopted by the
Carlsbad City Council on July 19, 1983
Sincerely,
LR : a2m
Enclosures ( 3 1
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ORDINANCE NO. 9694
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING ORDINANCE
NO, 9250 TO REVISE THE ACREAGE AND NUMBER
OF LIVING UNITS IN UNIT 3 OF THE HOSP GROVE
MASTER ?LAN LOCATED AT THE SOUTHWEST CORNER
OF EL CAMINO REFL AND HOSP WAY,
APPLICANT: DEVELOPMENT CONSULTANTS
CASE WO: MP-1 (A)
The City Council of the City of Carlsbad, Californi
does ordain as follows:
SECTION 1: That. Ordinance No, 9250, is hereby amen
revising the acreage from 13.8 acres to 15.9 acres and the n
of living units from 275 to 300 for Unit B of the Xosp Grove
Plan.
SECTION 2: That: the Eindings and conditions of the
Planning Co;r~.?.lssion contained in Resolltticn No. 2130 constit
fi-dings ar,d con2itions of the City Council in this matter.
rrnr-I-I sa~iI0N 3: That amended Master Plan MP 1(A) is apF
subject to all applicable requirements of the Carlsbad Munic
Code and to the satisfaccion of the conditions imposed 5y pr
approvals of said plan,
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S-b-- c”TrON 4: The amendments specified in Section 7 c
Fccorporac22 into the official Hosp Grove Master Plan as apl
1 y Ordinance Yo. 9250 on file with the City Clerk, within 3(
bf the effective date of this ordinance. When such incorpoi
/is accomplished the City Manager shall so certify.
P
EFFECTIVE DATE: Tnis ordinance shall be effective
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27’adoption of this ordinance and cause it to be published at
price in the Carlsbad Journal within fifteen days after its
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Ldopt ion.
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IETRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council held on the day of 5th of Jul
1983 and thereafter
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PASSED AND ADOPTED at a regular meeting of said Ci
Council held on the 19th day of July ,1983 by t
following vote to wit:
AYES:
NOES : None
ABSENT: None
Council B%?mbsrs Casler, Lswis, chick and Prescott
*[ d.&
NARY HJ CASLER, May J
ATTEST:
!1?2.zY* .? 4 An:.- P YL4- ALZTHF, L. PS,UTEPXP,ANZ, City CI
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RESOLUTION NO. . ,7293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
.
TENTATIVE r.mP (CT 53-71 ON PROPERTY GENERALLY.
LOCATED AT THE SOUTHWEST CORNER OF EL CAMINO REAL
AND . HOSP WAY.
APPLICANT 2 DEVELOPMENT CONSULTANTS
CASE NO,: CT 83-7
.
WHEREAS on June 8, 1983, the Carlsbdd Planning -
Commission adopted Resolution No, 21 28 approving PCD-46;.
Resolution No. 2129 approving CT 83-7 and Resolution No. ,2130
approving IW- 1 (A) : aril
WHEREAS, the City Council of the City of Carlsbad, o
July 5, 1983 held a public hearing to- conside? the
recoriineRdations and heard all persons interested in or oppose
to Tentative Map CT 83-7 and Master PLan amendment MP-l(A); a
WHEREAS F said Tentative Map.
has been declared to Gave a nonsignificant impacts on the
environment and a Negative Declaration was prepared and filed
Nay 20, 1983 in complj-ance with the requirements of the City
,Carl-sbad Environmental Protection Ordinance. of 1972 .and the
California Environmental Quality Act
NOW, THEREFORE, BE IT RESOLVED by the City Council (
the City of Carlshad, California as .follows:
A, That the above recitations are true and correct
B. That- the findings .of the Planning Commission in
Resolution Nos. 2128, 2130 and 2129 constitute the findings (
the City Council in this matter. .
C, That Tentative Map CT 83-7, together with the .
,provi.sions for its design and improvement and subject .to the
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conditions of this resolution, is consistent with all applicak
.general. and specific plaris of the C!.ty of Carlsbad,
D. Thak Tentative Map (CT 83-7) is hereby approved
subject to all applicable requirements of the Carlsbad Munici]
Code and to the satisfaction of the conditions,contained in
Planning Commission Resolution No. 2129, dated June 8, 1983
marked Exhibit AP attached hereto and made a part hereof, wit
the exception of Conditions Nos. 12, 25 and 26 which have bee
revised to read as follows:
"12, Apprpval of CT 83-7 is granted subject to the approval of NP-I (A) and PCD-46. CT 837 shall be suk
to the conditions of approv-a1 for PCU-46 as adopted
the Planning Comnission in th'eir Resolution No. 2128
"25. my remaining public .improvements in the El
Camino Real and Hosp Way half street sections along
subdi..vision frontage (sidewalks, concrete median cur
street lights or others) shall be installed in
accordance with the City of Carlsbad standards prioi
. approval of the final inap." .
i1260 An improvement agreement shall be entered intc
and a bond posted to insure the construckLon .of the Avenue half street section along the subdivision
frontage prior to approval of the final map," I
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PASSED, APPROVED, BND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on-the 1
day of JW
AYES :
NOES: NXE
ABSENT: None
.-
- , 1983 by the following vote to wit:
Council Makers Casler, Lewis, Chick and Prescott
vLL&2,--T d &L/thL
MARY H, &ASLER, Mayor
ATTEST:
/7( 9 LP-1 4 p.7; A/wA-\ (,.b .LA.. ,, . aw\
ALiTHil$. RAUTEXKRANZr City Cle 4 k
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PItRNNING CONMISSION RESOLUTION NO, 21 29
A RESOLUTION OF'. ,THE PLANNING COMMISSION OF THE
A FIVE LOT TENTATIVE TRACT MAP ON 29,6 ACRES OF '
HOSP WAY AQJACENT TO EL CAMINO REAL AND ON THE
NORTH SIDE OF HOSP WAY ADJACENT TO MARRON ROAD,
AP P L I CAM T :
CASE NO: CT 83-7
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY JAOCATED OPJ THE SOUTH SIDE OF
D EVE L 0 P MEN T CON S U L TAN T S
WHEREASp a verified application for certain property
wit:
Lots 1 - 12 of Carlsbad Tract No. 79-27 according tc No..10161 filed July 30, 1981,
has been filed with the City of Carlsbad, &nd referred to thc
Planning CommissioE; and I
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WHEREAS, said verified application Constitutes a rec
as provided by .Title 2.1 'of the Carlsbad Municipal Code; and
WHEREAS, THE Planning Commission did, OR the 8th da]
June 1953 hold a duly noticed public- hearing as prescribed b:
to consider said request; and .
- WHEREAS, ais. said public hearing, upon heari.ng and
considering all. testimony and arguments, 'if any of all perso:
r'elating to the Tentative Tract Map and Condominium .Pernit ..
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Cornmission as follows:
A)
B)
That the above recitations are 'true and correct.
That baseh on the evidence presented at the public heari Commission hereby APPROVES CT 83-'7 based on the
following findings and subject to-,the following conditio
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J" i nd'i nq s :
1)
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The proposed t6ntative map is consistent with the City's
GenerAl Plan since it is, located within an area. designat
residential devel-opment -by the Land Use Element of the G
' Plan,
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.____-.--- . -. . .. . __. - - __ -. . ... -- - _- .. ._ ..- ___ ._ _--.------.------
2) The site is physcially suitable.for the type and density develo2ment since the site is'adequate in size and shape
accommodate residential development at the proposed densi
and still meet all the requirements :of. the -City!s subdivi ordinance ,, o .. .
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3)
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The project is consistent wiil-i "all' -ci-ty public facility
a) The Planning Commission has, by inclusion of an
...- appropriate condition to this project, insured that . final. map will not be approved unless the City Counc,
finds that sewer service beyond that allocated.to th
'property per legal settlement 9052 filed August.28,
is' available to serve the project. In addition, the
Planning.Commission has added a condition that a not(
shall. be placed on the final. map that. building permii
.-- not be issued for the project cnless the City Engine, determines that sewer service is available, and builc
:--I _____ ..- cannot occur within.the project unless sewer service remakns available, and the Planping Commission .is .-- -
element-, of the' General Plan,have been met insotar as
The- Garlsbad School Distfict 'has written a letter, dz
April 14, -1983, stating that school facili.ties.-will t
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,. icies and ordinances since: ----.. __.___ ___. -. ...-----.--- ------------
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. satisfied that the requirements of the public facil4t
-apply .to sewer service for this project, ....
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. .._ . . , .. ._ - ,' 'available to this project. ' .;
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-c) .&ll necessary public improvements have been provided
~$3.1 be required as conditions of approval. .. . .. . . .---. .. -. . . . . - - - .
d) The applicant has agreed and is required by the inclc
. _.._._-- -- --of an -appropriate condition .to pay a public facil-itie
.. - - .. - .. - fee. Performance of. .that contract- .and .payment of the
-.- ---will -enable thTs body -t.o find that public facilities
be ,available concurrent with -need as required by. .the.
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-, General Plan, .
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4). The proposed project is compatible. with the -surrounding E land uses since surrounding properties are designated for
residential development on the General Plan.
This projLct will not cause any significant environmental impacts and a Negative DeClaratiOh.ha5 been issued by the
Use Planning Manager on May 20, 1933 and apy?roved by the Planning Comm-ission on June 8, 7983. .
5)
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* .* CoRd it ions
1) Approval-'is granted for CT.83-7, ,as shown on Exhibit "A",
--
dated April 21, 1983, incorporated by:xeferen;e and OR fill ..
PC RESO NO. .2129 -2-
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the Land Use Planning office. ..Development shall occur
conditions.
substantially as shown unless .otherwise noted in these ..
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2) This project is approved upon the express condition that
'.applicant shall pay- a public facilities fee as required :
City Council Policy No. 17; dat-ed April 2, 1982, on file the City Clerk and incorporated herein by referencei and
according to the agreement executed by the appli'cant for
paymene of said fee, a copy of that agreement, dated May
1983 is on file with the City Clerk and'incorporated
herein by reference. If said fee is not paid as promiset
this application will not be consistent with the General
and.approva1 for this project shall be void,
3) Approval of this request shall, not excuse compliance wit1
sections'of the Zoning Ordinance and all other applicablf
ordinances in effect at time of building permit issuance,
l 4) This project has already been allocated sewer capa,city pel
legal settlement 9052 fiied August 28, 197-9. Building per
for any additional units over and above the settlement wil
not be issued unless the City Engineer determines that ser7 facilities -are available at the time of application for sc sewer permits and will continue to.be available until tine
occupancy.
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Land Use PI ann ing Off ice
5) The applicant shall prepare a detailed landscape and irrj tion plan which shall be submitted to and approved by the
Use Planning P.lanager prior to the issuance of building
perxits
6) All parking lot trees shall be a mhimum of 15 g,allons in
I size,
7) All landscaped areas shall be maintained in a healthy and
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thriving condition, free from weeds, trash, and debris.
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8) Any signs proposed for this development shall be designed
conformance with the city's Sign'Ordinance and shall requ review and approval of the Land Use Planning Manager prio installati-on of such signs.
Trash receptacle areas shal.1 be enclosed by a 6-foot high
masonry wall Gith gates pursuank to city standards. Loca
of said receptacles shall be approved'by the Land Use Pla
Manager.
IO) All rooE.'a~purtenan-ces, including air conditioners, shall
architecturally integrated and shielded Eronv'view arid the
saund buffered ft-om ad,jacenl; properties and streets to th!
satisfaction of the s arid -Use Planning Manager and Buj.idinl
P 1 ai) 11 i rig. .I.) i re c tor.
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-3- . .. PC. RESO if2129
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11) The subject property shall be. subject to the RD-M zoning standards as they re.late to permitted and conditional us6 buildin3 height, and setbacks and yards. '
12) Approval of CT, p3-7, 'is granted subject to the. approval o!
?(A) and PCD-46. ' ,? :,.I 1 ,. .
Engineering ..
13) On the final mapp a note shall be placed indicating that
'I 1 shall be developed as a 300 unit apartment project and 2-5 shall be developed as Condominiums .subject to the
approval of the City Engineer,
14) The grading for this project is defined as "regular grad
by Sectipn 11.06.170(a) o€ the,Carlsbad Municipal Code.
developer shall submit a grading plan for approval which
include all required drainage structures and. any require erosion control measures, The developer shall also subm
soj-1~~ geologic or compaction reports if required and sh comply with all provisions of Chapter 1 la06 of the .Carls
No grading. shall occur outside the'limits of the subdivi
unless a letter of permission is obtaj-ned from the owner the nffected properties.
All exposed slopes shall be hydroseeded by the applicant otherwise stabilized immediately upon completion of grad
activities.
AI1 previously manufactured slopes which are to remain
Municipal Code. e.
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essentially intact shall be smoothed, recompacted and
hydroseeded.
Prior. to issuance of a Euilding Permit, an erosion contr plan shall be submitted to and approved by the City Eiigi
These measures shall be in place before October 15th and zemain in place to until April 15th.
Prior to issuance of a building. permit, the applicant st
submit a grading plan for slope.repair and restoration c presently' eroded slopes.
Prior to'occupancy of any unit within this project the I
drain system%.n Hosp Way between Callc Caballero and El
Real-shall b& repaired to the satisfaction of the City Engineer,
nd 5 of CT 85-7:
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20)
26The following conditions are only a$plicable only to Lots 2,:
A11 development on LOts.,2, 3, 4 and 5 shall be in"accorc
with ExI3ihits "A" - I'D'' of CT 79-27/CD-44 dated. Pqbruar: 1980 on file in the Land Use Planning Office* and 1nCO~P
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22) A11 parking structures shall haire individual- garages with
garage d.oor and garage door openers,
All private streets and drainage systems shall be maintai by the homeowneF's .association in perpetuity. This requi rnent shall be included in the CC&R's, This condition
excludes all drainage easements granted to the City of
Carlsbad.
23)
24) No individual lots may be sold separately and all lots 'ar
remain in common ownership-in perpetuity, A condition
requiring this shall be placed in the CC&R's and subject the.approval of the City Engineer,
25) Any remaining pu.blic improvemen'k in the El Camino Real c
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Elosp Way' half. street secticns along the frontage (sidewal
concrete median curb, street lights or-others) shall be installed to conform to the City of Carlsbad standards pr to occupancy of any units,
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26) An improvement agreement shall he entered into and.a bone
posted to insure the future construction of .the Elm AvenL
half streek sectidn along the subdivision grontage prior
recordation of the final map or issuance of building pern
The watkr distribution and. sewage collection systems shal subject to the approval of the City of Cirlsbad and shal.'
d,edicated to the city together with the necessary easemei free of liens and encumbrances prior to the recordation 1 final map for each affected phase,
Prior io issuance of a building.pernit the ippliean'c sha
guarantee to the satisfaction of thcci'ey Engheer that slopes on the subject property along Marron Road and El i
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. Real shall be privately maintained as open space.
:?ire Department -
29) Additional public and/or on site fire hydramts shall. be
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quired if deemed necessary by the Fire Marshall.
30) The applicant shall submit two (2) copies of a site plan
showing 1bcat.i.ons of existing and proposed fire hydrants on. site roads and drives subject.to the approval of the
.. Marshall o -a
31) All required fire hydrants, water mains and'appurtenance
'shall be operational prior to combustible building mater being located on the prgject sLtc.
a. <' .
32) All. private driveways shall be kept clear of parked veh;
at ail times p and shall. ,'have posted' "NO Parking/Fj.re L,an
Awzy Zone" pursuant to Section .I 7 e 04.040 I Carlsbad Munic
Code, :
73): , Fire retardant rooijs shall be required on all. structures ..
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34) All fire alarm systems, fire hydrants, extinguishing sy: automatic sprinklers, and other systems pertinent to thc
project shall be submitted to "he Fire Department for approval prior to construction,
35) Building exceeding 10,000 sq.ft, aggregate floor area SI
be sprinklered or have four-hour fire walls with no ope]
therein which shall split the building into 10,000 sq-fl less) areas.
Parks and Recreation
36) Street trees of a variety approved by the Parks and Recreation Department shall be installed to city
specificatims at 40 foot intervals along all public st
frontages,
PASSED, APPROVED AND ADOPTED at a regular meeting 0
.lanning Comissian of the city of Carlsbad, California, hell
the 8th day of JuKe, 2983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus
Jose, Friestedt and Rawlins,
NOES : None a
ABSENT: Commissioner Farrow.
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' ABSTAIN: Commissioner Romobtis
. Po /&Le- -2- - &px ./'
CLARENCE SCKLEHUBER, Chairma
CARLSBAD PLANNING COMMISSION
ITTEST;
ll\/Ll;JLk&N&*L&- MICHAEL -A- s, 83MC.IILL"R
Land Use Planning Manager
c
C RES0 #2129 -6- P