HomeMy WebLinkAbout1989-09-26; City Council; Resolution 89-3381
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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 LEVANTE STREET AND WEST OF LA
COSTA AVENUE.
APPLICANT : ROBERT CAMPBELL
CASE NO. : CT 89-1/PUD 89-1
WHEREAS, a verified application for a tentative mz
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 t
Planning Commission; and
WHEREAS, the Planning Commission did on August 2,
and July 5, 1989 hold duly noticed public hearings as presc
by law to consider said application for Tentative Map 89-
Planned Unit Development 89-1; and
WHEREAS, the Planning Commission did on August 2,
after hearing and considering all the evidence and testimony (
people desiring to be heard adopted Resolution No. 2869 appl
the Negative Declaration and Resolution No. 2885 approving (
1 and PUD 89-1; and
WHEREAS, the appellants appealed the decision a
Planning Commission to the City Council; and
WHEREAS, on September 12, 1989 the City Council c
City of Carlsbad held a duly notice public hearing as pres(
by law to consider said appeal and at said hearing
consideration of all the evidence, testimony, argument of
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persons present and desiring to be heard the City Council appr
the negative declaration and directed the City Attorney to prc
documents which would deny the appeal and uphold the PlaI
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NOW, THEREFORE, BE IT RESOLVED by the City Council 0:
City of Carlsbad, California, as follows:
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1. That the above recitations are true and correcl
2. That the findings and conditions of Pla~
8 11 Commission in Resolutions No. 2869 and No. 2885, attache
9 11 Exhibit A and B respectively and made a part hereof, constituti
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findings and decision of the City Council with the addition o
following conditions:
A. The site plan shall be revised to
satisfaction of the Planning Director to increase the proj(
rear yard setbacks by approximately two feet.
B. The CC&R's for this project shall be subm.
to the Planning Director for approval and they shall includc
provisions for vehicles and parking, and garages contained i:
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"Proposed CC&R Amendment" marked Exhibit D attached hereto and
a part hereof.
2o I/ 3. That the Planning Commission's approval of C':
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1/PUD 89-1 is hereby confirmed and the appeal of that decisi
denied based upon the facts set out in the Planning Depar
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Staff Report dated July 5, 1989, the evidence before the Pla
Commission, the evidence as set forth in City Council Agenda
No. 10,255, and the testimony before the City Council all of
are incorporated herein by reference.
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4. This action of denial is final the date
resolution is adopted by the City Council. The provisi
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limit
Judicial Review" shall apply:
"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 92008.1r
PASSED, APPROVED AND ADOPTED at a Regular Meeting (
City Council of the City of Carlsbad on the 26th day of %
1989, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None /7
ABSENT: Council Me
ATTEST:
ALETHA L?ld&.-. L. LUT$&+kk
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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 TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT ON THE NORTH SIDE OF LEVANTE STREET WEST OF LA COSTA AVENUE.
APPLICANT: ROBERT CAMPBELL
CASE NO.: CT 89-1/PUD 89-1
WHEREAS, the Planning Commission did on the 5th day of July, 1989, a
the 2nd day of August, 1989, hold a duly noticed pub1 ic hearing as prescrib,
by law to consider said request, and
WHEREAS, at said public. hearing, upon hearing and considering a
testimony and arguments, examining the initial study, analyzing the informati
submitted by staff, and considering any written comments received, the Planni
Commission considered all factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anni ng Commi ssi on
fol 1 ows :
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Plann Commission hereby recommends APPROVAL of the Negative Declarat according to Exhibit "ND", dated May 19, 1989, and "PII", dated Febru 28, 1989, attached hereto and made a part hereof, based on the follow findings:
Findinqs:
1. An initial study was completed for the project and studies were requi as necessary. The results indicated that no significant impacts w created by the project.
2. The site has been previously graded and the project proposes a mini amount of earth movement to accomnodate building foundations.
3. The site plan has been designed to provide safe and adequate. on : circulation for vehicles and pedestrians.
4. The 64 additional daily trips generated by the project are below max; service levels projected for Levante.
IT A
// City of Clrlsbad
Robert Campbell CT 89-1
'. PUD 89-1
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5. There are no known sensitive resources 1 ocated on site or located I
indicate the presence of any paleontological resources a two p' 1
6. The proposed project is consistent with the General P1 an and colapa 3
mitigation project will be implemented. 2
to be significantly impacted by this project. Should the soils r(
with surrounding projects in architectural style and 1 and use inten
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of Au
1989, by the following vote, to wit:
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7 11 AYES: Chairman Hall, Commissioners: Schlehuber, McFadden &
a Marcus.
9 NOES : Commissioners: McFadden & Schramm.
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ABSTAIN: Commissioner Erwin. 11
ABSENT: None.
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14 11 CARLSBAD PLANNING COMMISSION
15 11 ATTEST:
l6 /k2lCLt - *
17 MICHAEL YY%%$+
l8 1 PLANNING DIRECTOR
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I PC RES0 NO. 2869
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2075 CARL US PALMAS DRIVE SBAD, CA 920094859 TELEPHONE
(619) 438-1 16
aitg af (anrlsbnb
PLANNlNG DEPARTMENT
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Lot 229 La Costa Vale #1 - 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 Carl sbad 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 P1 anning 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.
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MICHAEL 3. HOLZMILLEW DATED: May 19, 1989 . !, I, VJ, ',:&& kii<c"
CASE NO: CT 89-01/PUD 89-01 Planning Director
APPLICANT: Robert Campbell
PUBLISH DATE: May 19, 1989
CW:lh
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PLANNING COmISSION RESOLUTION NO. 2885
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NINE LOT TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED NORTH OF LEVANTE STREET
AND WEST OF LA COSTA AVENUE. APPLICANT: ROBERT CAMPBELL CASE NO.: CT 89-1/PUD 89-1
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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 Carl sbad and referred to the P1
Commission; and
WHEREAS, said verified application constitutes a request as provi
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of July, 19€
the 2nd day of August, 1989 hold a duly noticed public hearing as pres
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considerir
testimony and arguments, if any, of all persons desiring to be heard
Commission considered all factors relating to the Tentative Tract M
P1 anned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Commi ss
fol 1 ows :
A) . That the above recitations are true ancl correct.
B) That based on the evidence presented at the public hearing Commission APPROVES CT 89-1/PUD 89-1, based on the following findir
subject to the following conditions:
Findinas:
1. The project is consistent with the City's General Plan since the pr density of 10 du's/acre is within the density range of 8-15 du"
specified for the site as indicated on the Land Use Element
General Plan, and is at or below the growth control point of 11.!
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2. The site is physically suitable for the type and density of tt 1 development since the site is adequate in size and shape to accommodal residential development at the density proposed.
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3 ordinances since: 3. The project is consistent with all City public facility policies a1
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a.
b.
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d.
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 conciition 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.
School fees will be paid to ensure the avail abi 1 i ty of school facilities in the San Dieguito High School and Encinitas School Districts.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as conditions of approval.
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e. The appl icant 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 P1 an.
4. The proposed project is consistent with the City’s P1 anned Developmr Ordinance and also complies with the Design Guidelines Manual.
5. The proposed project is compatible with the surrounding future land u: since surrounding properties are designated for residential developmc on the General P1 an.
6. This project will not cause any significant, environmental impacts an1 Negative Declaration has been issued by the Planning Director on May 1989 and approved by the Planning Commission on August 2, 1989. approving this Negative Declaration the Planning Commission considered the initial study, the staff analysis, all required mitigat measures and any written comments received regarding the signific effects this project could have on the environment.
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7. The applicant is by condition, required to pay any increase in facility fee, or new construction tax, or development fees, a agreed to abide by any additional requirements established by a Facilities Management Plan prepared pursuant to Chapter 21 .go Carlsbad Municipal Code. This will ensure continued availabil public facilities and will mitigate any cumulative impacts created project.
8. This project is consistent with the City's Growth Management Or( as it has been conditioned to comply with any requirement apprc part of the Local Facil i ties Management P1 an for Zone 6.
Conditions:
1. Approval is granted for CT 89-1/PUD 89-1, as shown on Exhi bits 'I "G", dated August 2, 1989 and Exhibits "Btt-"F'I, dated June 14, incorporated by reference and on file in the Planning Oepar Development shall occur substantially as shown unless otherwise nc these conditions.
2. The developer shall provide the City with a reproducible 24" x 3f scale my1 ar copy of the Tentative Map as approved by the P' Commission. The Tentative Map shall reflect the conditions of ai by the City. The Plan copy shall be submitted to the City Enginee: to issuance of building permits or improvement plan submittal, wh. occurs first .
3. A 500' scale map of the subdivision shall be submi tted to the P', Director prior to the recordation of the final map. Said map shal all lots and streets within and adjacent to the project.
4. This project is approved upon the express condition that building F will not be issued for development of the subject property assurances of the availability of sewer facilities have been given Leucadia County Water District in writing.
5. This project is also approved under the express condition th applicant pay the pub1 ic facilities fee adopted by the City Cour July 28, 1987 and as amended from time to time, and any developme! establ ished by the City Council pursuant to Chapter 21.90 of the Ci Municipal Code or other ordinance adopted to implement a management system or facilities and improvement plan and to ful f. subdivider's agreement to pay the public facilities fee dated DI 16, 1988, a copy of which is on file with the City Clerk incorporated by this reference. If the fees are not paic appl ication will not be consistent with the General P1 an and appro\ this project will be void.
6. The applicant shall pay park-in-lieu fees to the City, prior approval of the final map as required by Chapter 20.44 of the Ci Municipal Code.
PC RES0 NO. 2885 -3-
7. The applicant shall provide school fees to mitigate conditions of
be based on the fee schedule in effect at the time of building permit 1
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overcrowding as part of building permit application. These fees shall
the Planning Director and City Attorney (See form Noise 1). 5
a notice that this property may be subject to impacts from the propose{ 4
8. Prior to recordation of the first final tract/parcel map or issuance 01 3
appl i cat i on.
building permits, whichever is first, the owner shall prepare and recorc
or existing Transportation Corridor in a manner meeting the approval 0'
6 9. Water shall be provided by the Olivenhain Municipal Water District.
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issuance of building permits. 9
on September 2, 1987, incorporated herein and on file in the P1 annin a
10. This project shall comply with all conditions and mitigation required b the Zone 6 Local Facilities Management Plan approved by the City Counci
Department and any future amendments to the Plan made prior to th
lo 1; P1 anni nq :
1.1 Il. 11. If any condition for construction of any public improvements c
approval or imposed by law on this project are challenged this approv? shall be suspended as provided in Government Code Section 65913.5. 1 any such condition is determined to be invalid this approval shall t
14 invalid unless the City Council determines that the project without tt condition complies with all requirements of law.
15 12. Approval of this request shall not excuse compliance with all sectior
16 of the Zoning Ordinance and all other applicable City ordinances .
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I 13. A1 1 roof appurtenances, including air conditioners, shall I
18 11 architecturally integrated and concealed from view and the sound bufferc
12 facilities, or the payment of any fees in lieu thereof, imposed by thi
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effect at time of building permit issuance.
I from adjacent properties and streets, pursuant to Building Departmel 19 lj Policy No. 80-6, to the satisfaction of the Directors of Planning al Building.
20 14. The applicant shall establish a homeowner's association and correspondi
to and approved by the Planning Director prior to final map approval. 22 15. An exterior lighting plan including parking areas shall be submitted f
23 Planning Director approval. All lighting shall be designed to refle
21 covenants, conditions and restrictions. Said CC&R's shall be submitt
downward and avoid any impacts on adjacent homes or property.
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16. The appl icant shall prepare a detailed 1 andscape and irrigation pl which shall be submitted to and approved by the Planning Director pri to the issuance of grading or building permits, whichever occurs firs
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PC RES0 NO. 2885 -4-
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17. All landscaped areas shall be maintained in a healthy and tb condition, free from weeds, trash, and debris.
18. Any signs proposed for this development shall at a minimum be dc in conformance with the City's Sign Ordinance and shall require and approval of the Planning Director prior to installation c signs.
19. Building identification and/or addresses shall be placed on all I existing buildings so as to be plainly visible from the street or road; color of identification and/or addresses shall contrast tc background col or.
20. The developer shall display a current Zoning and Land Use Map sales office at all times, or suitable alternative to the satis of the P1 anning Director.
21. A1 1 sales maps that are distributed or made available to the pub1 i include but not be limited to trails, future and existing schools, and streets.
Enqineerinq:
22. The Subdivider shall provide separate sewer, water, gas, and e services with meters to each of the units.
23. No grading permits shall be issued for this subdivision pr recordation of the final map.
24. This project has been reviewed for conformancy with the grading or and found to be a project for which a grading permit is required. to any building permits being issued for the site a grading 1 conformance with City Standards and Section 11.06 of the C Municipal Code must be submitted, approved and grading work I completed to the satisfaction of the City Engineer. All slopes this project shall be graded no steeper than two horizontal vertical unless specifically approved otherwise .pursuant tc conditions.
25. Landscape drains and roof gutters shall be used on a1 1 units with subdivision.
26. Prior to approval of the final map the developer shall pay or en1 an agreement with the City to pay for a proportional share drainage area fees establ i shed as a result of the forthcoming Drainage P1 an Update.
27. Additional drainage easements and drainage structures shall be F or installed as may be required by the City Engineer.
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PC RES0 NO. 2885 -5-
I 1 28. The developer shall be responsible for the reconstruction or repair , 1 any public improvements along the frontage of this project found to defective or in need of repair during the development of this project
2 29. Unless a standard variance has been issued, no variance from Ci
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services to the project. 5
30. The developer shall comply with a1 1 the rules, regulations and desi 4
Standards is authorized by virtue of approval of this tentative map.
requirements of the respective sewer and water agencies regardi
6 31. This project is approved specifically as 1 (single) phase.
7 32. The developer shall be responsible for coordination with S.D.G.& E Pacific Telephone, and Cable TV authorities.
8 33. Approval of this tentative tract map shall expire twenty-four (24) mont
An extension may be requested by the applicant. Said extension shz
10 be approved or denied at the discretion of the City Council. approving an extension, the City Council may impose new conditions t
11 may revise existing conditions.
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13 , 34. Additional public and/or onsite fire hydrants shall be provided if deen 14 I/ necessary by the Fire Marshal.
15 1 35. An all -weather access road shall be maintained throughout constructic
16 ' 36. A1 1 required fire hydrants, water mains and appurtenances shall operational prior to combustible building materials being located on t
9 from the date of City Council approval unless a final map is recorde
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37. Brush clearance shall be maintained according to the specificatio contained in the City of Carlsbad Landscape Guidelines Manual.
38. All fire alarm systems, fire hydrants, extinguishing systems, automat sprinklers, and other systems pertinent to the project shall be submitt to the Fire Department for approval prior to construction.
39. Any additional landscape proposed for the driveway must be limited to t perimeter and entrance area. Traffic lanes at the entrance may constructed to not less than 12' for a maximum distance of 30 line feet.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the PI;
Commission of the City of Carlsbad, California, held on the 2nd day of AI
1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Holmes & Marcus.
NOES: Commissioners: McFadden & Schramm.
ABSENT: None.
7 ABSTAIN: Commissioner Erwin.
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9 @&& g, MATTHEW HALL, Chai man CARLSBAD PLANNING COMMISSION 10
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PC RES0 NO. 2885 -7-
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PROPOSED CC&R AMENDMENT
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:
(1) 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-1 .amd