HomeMy WebLinkAbout1989-09-26; City Council; 10266; Campbell Planned Unit DevelopmentCl-’ OF CARLSBAD - AGENT” BILL r 7, r’ _ 0 I3
I AB# /R 61 L 6
I- --- -- TITLE: DENYING THE APPEAL AND UPHOLDING THE DEpT.HmF
I Ima nl?ci PLANNING COMMISSION'S APPROVAL OF A I MIU. 31 LO,‘89 I TENTATIVE MAP AND PLANNED UNIT DEVEL C'TYAm- I DEPT. CA I CT 89-l/PUD 89-l: CAMPBELL 1 CITY MGR.&&
RECOMMENDED ACTION:
If the City Council wishes to deny the appeal and uphold the Planning Commission's approval of CT 98-l/PUD 89-l your action is to adopt Resolution No. p3,ff.
ITEM EXPLANATION
The City Council at your meeting of September 12, 1989 directed the City Attorney to pepare the document approving tentative map (CT 89-l) and planned unit development (PUD 89-l). You also instructed us to include additional conditions increasing the rear yard setback two feet and requiring staff approval of the CC&R's which will include regulations for garage storage and parking. The Planning Director confirms the additional conditions can be incorported into the project design and they have been included in the attached resolution. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. If the Council concurs your action is to adopt Resolution No. $9-33B .
EXHIBIT
Resolution No. E5533P
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RESOLUTION NO. 89-338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPELLANTS' APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A NINE LOT TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED NORTH OF LFXANTE STREET AND WEST OF LA COSTA AVENUE. APPLICANT: ROBERT CAMPBELL CASE NO.: CT 89-l/PUD 89-l
WHEREAS, a verified application for a tentative map fo
certain property to wit:
Lot 229 of La Costa Vale Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 7457 filed in the office of the County Recorder of San Diego County October 18, 1972
has been filed with the City of Carlsbad and referred to the
Planning Commission: and
WHEREAS, the Planning Commission did on August 2, 19891
and July 5, 1989 hold duly noticed public hearings as prescribe d
by law to consider said application for Tentative Map 89-l an 4
Planned Unit Development 89-l: and I
WHEREAS, the Planning Commission did on August 2, 198
after hearing and considering all the evidence and testimony of al !
people desiring to be heard adopted Resolution No. 2869 approvin
the Negative Declaration and Resolution No. 2885 approving CT 89
1 and PUD 89-l: and
WHEREAS, the appellants appealed the decision of th
Planning Commission to the City Council: and
WHEREAS, on September 12, 1989 the City Council of th
City of Carlsbad held a duly notice public hearing as prescribe ;
by law to consider said appeal and at said hearing afte
consideration of all the evidence, testimony, argument of thos :
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persons present and desiring to be heard the City Council approved
the negative declaration and directed the City Attorney to prepare
documents which would deny the appeal and uphold the Planning
Commission's decision,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of Planning
Commission in Resolutions No. 2869 and No. 2885, attached as
Exhibit A and B respectively and made a part hereof, constitute the
findings and decision of the City Council with the addition of the
following conditions:
A. The site plan shall be revised to the
satisfaction of the Planning Director to increase the project's
rear yard setbacks by approximately two feet.
B. The CC&R's for this project shall be submitted
to the Planning Director for approval and they shall include the
provisions for vehicles and parking, and garages contained in the
**Proposed CCtRAmendment" marked Exhibit D attached hereto and made
a part hereof.
3. That the Planning Commissionls approval of CT 89-
l/PUD 89-l is hereby confirmed and the appeal of that decision is
denied based upon the facts set out in the Planning Department
Staff Report dated July 5, 1989, the evidence before the Planning
Commission, the evidence as set forth in City Council Agenda Bill
No. 10,255, and the testimony before the City Council all of which
are incorporated herein by reference.
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4. This action of denial is final the date this
1 resolution is adopted by the City Council. The provision of
2 Chapter 1.16 of the Carlsbad Municipal code, "Time Limits for
3 Judicial Review" shall apply:
4 "NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become final: however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of th
19 City Council of the City of Carlsbad on the 26th day of
20 II 1989, by the following vote, to wit:
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AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT:
26 ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 2869
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD
CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A 9 LOT TENTATIVi
MAP AND PLANNED UNIT DEVELOPMENT ON THE NORTH SIDE OF LEVANTE STREET WEST OF LA COSTA AVENUE.
APPLICANT: ROBERT CAMPBELL
CASE NO.: CT B9-l/PUD 89-l
WHEREAS, the Planning Commission did on the 5th day of July, 1989, and
the 2nd day of August, 1989, 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, examining the initial study, analyzing the information
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submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows: 14 ’ II A) That the foregoing recitations are true and correct. I .
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Negative Declaration
according to Exhibit "ND", dated May 19, 1989, and “PII”, dated February
28, 1989, attached hereto and made a part hereof, based on the following
findings:
Findinas:
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20 1. An initial study was completed for the project and studies were required as necessary. The results indicated that no significant impacts were 21 created by the project.
22 2. The site has been previously graded and the project proposes a minimal amount of earth movement to accowaodate building foundations. 23 3. The site plan has been designed to provide safe and adequate on site
24 circulation for vehicles and pedestrians.
25 4. The 64 additional daily trips generated by the project are below maximum service levels projected for Levante.
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City of hrlsbrl
Robert Campbell . :. , . .
CT 89-1
PUD 89-1
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5. There are no known sensitive resources located on site or located so as to be significantly impacted by this project. Should the soils report indicate the presence of any paleontological resources a two phased
mitigation project will be implemented.
6. The proposed project is consistent with the General Plan and compatible with surrounding projects in architectural style and land use intensity.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of August,
1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, McFadden &
Marcus.
NOES: Corrmissioners: McFadden & Schramn.
ABSENT: None.
ABSTAIN: Commissioner Erwin.
MATTHEW HALL, Chai&
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLMLLE
PLANNING DIRECTOR
PC RESO NO. 2869 -2-
txnlBl I N I.)',"
2075 IAS PALMAS DRIVE
CARLSSAD, CA 92009d69
mq uf tlIdebab
PLANNING DEPARTMENT
NEGATIVE DECLARATION
TELEPHONE (619) 436-l 161
PROJECT ADDRESS/LOCATION: Lot 229 La Costa Vale #l - North of Levante Street
and west of La Costa Avenue.
PROJECT DESCRIPTION: The proposed development of four (4) duplexes totaling
eight (8) units on .79 acres of land in the residential density - multiple zone,
Local Facilities Management Zone 6, APN: 223-170-20.
The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California
Environmental Quality Act and the Environmental Protection Ordinance of the City
of Carlsbad. As a result of said review, a Negative Declaration (declaration
that the project will not have a significant impact on the environment) is hereby
issued for the subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments
from the public are invited. Please submit comments in writing to the Planning
Department within ten (10) days of date of issuance.
DATED: May 19, 1989
CASE NO: CT 89-Ol/PUD 89-01
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MICHAEL J. HOLZMILLBV
Planning Director
APPLICANT: Robert Campbell
PUBLISH DATE: May 19, 1989
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PUNNING CW!ISSION RESOLUTION NO. 2885
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB/?,()
CALIFORNIA, APPROVING A NINE LOT TENTATIVE MAP AND PLANNED UNIi
DEVELOPMENT ON PROPERTY GENERALLY LOCATED NORTH OF LEVANTE STREET
AND WEST OF LA COSTA AVENUE.
APPLICANT: ROBERT CAMPBELL
CASE NO . CT 89 l/PUD 89 1 * s . .
WHEREAS, a verified application for certain property to wit:
Lot 229 of La Costa Vale Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof
No. 7457, filed in the office of the County Recorder of San Diego
County, October 18, 1972,
has been 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 5th day of July, 1989, and
the 2nd day of August, 1989 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 be heard, said
Commission considered all factors relating to the Tentative Tract Map and
Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) . That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, 1 the
Conission APPROVES CT 89-l/PUD 89-1, based on the following findings and
subject to the following conditions:
Findinas:
1. The project is consistent with the City's General Plan since the proposed
density of 10 du's/acre is within the density range of 8-15 du's/acre
specified for the site as indicated on the Land Use Element of the
General Plan, and is at or below the growth control point of 11.5.
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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 density proposed.
The project is consistent with all City public facility policies and
ordinances since:
a. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not
be approved unless the City Council finds that sewer service
is available to serve the project. In addition, the Planning
Commission has added a conaition that a note shall be placed
on the final map that building permits may not be issued for
the project unless the City Engineer determines that sewer
service is available, and building cannot occur within the
project unless sewer service remains available, and 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.
b. School fees will be paid to ensure the availability of school facilities in the San Dieguito High School and Encinitas School
Districts.
C. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or will
be required as conditions of approval.
e. 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.
The proposed project is consistent with the City's Planned Development
Ordinance and also complies with the Design Guidelines Manual.
The proposed project is compatible with the surrounding future land uses
since surrounding properties are designated for residential development
on the General Plan.
This project will not cause any significant environmental impacts and a
Negative Declaration has been issued by the Planning Director on May 19,
1989 and approved by the Planning Commission on August 2, 1989. In
approving this Negative Declaration the Planning Commission has
considered the initial study, the staff analysis, all required mitigation
measures and any written comments received regarding the significant
effects this project could have on the environment.
PC RESO NO. 2885 -2-
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7. The applicant is by condition,
facility fee, required to pay any increase in public or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local
Facilities Management Plan prepared pursuant to Chapter 21.90 of the
Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the
project.
8. This project is consistent with the City's Growth Management Ordinance
as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6.
Conditions:
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Approval is granted for CT 89-l/PUO 89-1, as shown on Exhibits "A" and
"G", dated August 2, 1989 and Exhibits "B"-"F", dated June 14, 1989,
incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in
these conditions.
The developer shall provide the City with a reproducible 24" x 36", 100
scale mylar copy of the Tentative Map as approved by the Planning
Commission. The Tentative Map shall reflect the conditions of approval
by the City. The Plan copy shall be submitted to the City Engineer prior
to issuance of building permits or improvement plan submittal, whichever
occurs first.
A 500' scale map of the subdivision shall be submitted to the Planning
Director prior to the recordation of the final map. Said map shall show
all lots and streets within and adjacent to the project.
This project is approved upon the express condition that building permits
will not be issued for development of the subject property unless
assurances of the availability of sewer facilities have been given by the
Leucadia County Water District in writing.
This project is also approved under the express condition that the
applicant pay the public facilities fee adopted by the City Council on
July 28, 1987 and as amended from time to time, and any development fees
established by the City Council pursuant to Chapter 21.90 of the Carl sbad
Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfil1 the
subdivider's agreement to pay the public facilities fee dated December
16, 1988, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for
this project will be void.
The applicant shall pay park-in-lieu fees to the City, prior to the
approval of the final map as required by Chapter 20.44 of the Carlsbad
Municipal Code.
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The applicant shall provide school fees 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.
Prior to recordation of the first final tract/parcel aaap or issuance of
building pennits, whichever is first, the owner shall prepare and record
a notice that this property uy be subject to illpacts fron the proposed
or existing Transportation Corridor in a wanner Rleeting the approval of
the Planning Director and City Attorney (See fom Noise 1).
Water shall be provided by the Olivenhain Municipal Water District.
This project shall comply with all conditions and mitigation required by
the Zone 6 Local Facilities Management Plan approved by the City Council on September 2, 1987, incorporated herein and on file in the Planning
Department and any future amendments to the Plan made prior to the
issuance of building permits.
Plannina:
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If any condition for construction of any public improvements or
facilities, or the payment of any fees in lieu thereof, imposed by this
approval or imposed by law on this project are challenged this approval
shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
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 issuance.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the sound buffered
from adjacent properties and streets, pursuant to Building Department
Policy No. 80-6, to the satisfaction of the Directors of Planning and
Building.
The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted
to and approved by the Planning Director prior to final map approval.
An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
The applicant shall prepare a detailed landscape and irrigation plan
which shall be submitted to and approved by the Planning Director prior
to the issuance of grading or building permits, whichever occurs first.
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PC RESO NO. 2885 -4-
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All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall at a minimum be designed
in conformance with the City's Sign Ordinance and shall require review
and approval of the Planning Director prior to installation of such
signs.
Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast to their
background color.
The developer shall display a current Zoning and Land Use: Map in the
sales office at all times, or suitable alternative to the satisfaction
of the Planning Director.
All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
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The Subdivider shall provide separate sewer, water, gas, and electric
services with meters to each of the units.
No grading permits shall be issued for this subdivision prior to
recordation of the final map.
This project has been reviewed for confonancy with the grading ordinance and found to be a project for which a grading perMt is required. Prior
to any building pemits being issued for the site a grading plan in conformance with City Standards and Section 11.06 of the Carlsbad Municipal Code must be subwitted, approved and grading work must be completed to the satisfaction of the City Engineer. All slopes within this project shall be graded no steeper than two horizontal to one vertical unless specifically approved otherwise .pursuant to these conditions.
Landscape drains and roof gutters shall be used on all units within this
subdivision.
Prior to approval of the final up the developer shall pay or enter into
an agreelaent with the City to pay for a proportional share of any drainage area fees established as a result of the forthcoming Naster Drainage Plan Update.
Additional drainage easements and drainage structures shall be provided
or installed as may be required by the City Engineer.
PC RESO NO. 2885 -5
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The developer shall be responsible for the reconstruction or repair of any public improvements along the frontage of this project found to be defective or in need of repair during the development of this project.
Unless a standard variance has been issued, no variance from City
Standards is authorized by virtue of approval of this tentative map.
The developer shall comply with all the rules, regulations and design
requirements of the respective sewer and water agencies regarding
services to the project.
This project is approved specifically as 1 (single) phase.
The developer shall be responsible for coordination with S.D.G.& E.,
Pacific Telephone, and Cable TV authorities.
Approval of this tentative tract map shall expire twenty-four (24) months
from the date of City Council approval unless a final map is recorded.
An extension may be requested by the applicant. Said extension 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.
Additional public and/or onsite fire hydrants shall be provided if deemed
necessary by the Fire Marshal.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be
operational prior to combustible building materials being located on the
project site.
Brush clearance shall be maintained according to the specifications
contained in the City of Carlsbad Landscape Guidelines Manual.
All fire alarm systems, fire hydrants, extinguishing systems, automatic
sprinklers, and other systems pertinent to the project shall be submitted
to the Fire Department for approval prior to construction.
Any additional landscape proposed for the driveway must be liaited to the perimter and entrance area. Traffic lanes at the entrance nay be constructed to not less than 12' for a maximum distance of 30 lineal feet.
PC RESO NO. 2885 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of August,
1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Holmes &
Marcus.
NOES: Commissioners: McFadden 8 Schramm.
ABSENT: None.
ABSTAIN: Commissioner Erwin.
1
CARLSBAD PLAiNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 2885 -7-
PROPOSED CC&R AMENDMENT
/ f, /
H. VEHICLES AND PARKING: Residents and guests are required to use caution when
operating motor vehicles on common area streets within the complex. No person shall
operate a motorized vehicle within the private streets without proper licensing, A speed
limit of 15 miles per hour shall be observed at all times on the private streets in the
community. The following restrictions apply to vehicles and parking:
Vehicles shall be maintained in proper operating condition so as not to be a
hazard or nuisance by noise, exhaust emissions or appearance.
(2) No vehicle shall be parked in such a manner as to impede or prevent ready
access to another owner’s driveway, garage, or guest parking spaces.
(3) Parking areas shall not be used for any purpose other than to park passenger
vehicles, excluding all other motor vehicles, i.e. no inoperative or junk vehicles,
commercial vehicles, recreational vehicles, trucks larger or longer than a regular
pick-up or equivalent, tractors, buses, trailers, campers, motor homes, mobile
homes, off-road motorcycles, boats, fresh-water or sea-going vessels, or
equipment of any kind; except that such other motor vehicles may be parked
by occasional visitors and in connection with deliveries and/or service performed
at the property.
1. GARAGES: Storage in garages which does not permit normal vehicular parking is
prohibited. All residents shall use their garages and/or parking spaces for the parking
of passenger vehicles. No garage shall be converted to any use which prevents the
storage of two(2) standard automobiles therein, and no garage shall be converted or
used for living purposes. Vehicles should be parked inside garages whenever possible,
rather than on driveways or private streets within the complex. Garage doors shall be
kept closed at all times, except for normal ingress and egress.
A cc&r-l .amd
EXHIBIT D