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HomeMy WebLinkAbout1971-03-24; City Council; 399; Change of Zone (C-2 to R-W) Specific Plan 33-unit Apartment Complex Chip Development Corporationc '1 I I 1 j ! I 10 ~ 11 )I RESOLUTION NO. 1839 i/ WHEREAS, on April 20, 1971, a duly advertised public hearing A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISIONS REGARDING CHANGE OF ZONE CLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM ZONE C-2 (GENERAL COMMERC1AL)TO LOCATED ON THE SOUTHERLY TERMINUS OF MARINA DRIVE. R-W (RESIDENTIAL WATERWAY) ZONE, FOR PROPERTY , 13 property described as: 14 11 i 15 1 16 I i' 17' 18 19 I 2o I 21i 221 23 241 251 261 27 ~ 28i I 1, proposed change of zone classification. xx All of Lot 72, Shelter Cove Map No. 5162, recorded 4/23/63, in the City of Carlsbad, County of San Diego, State of California. WHEREAS, the City Council received all recommendations and heard all persons interested in or opposed to the proposed change of classification; NOW, THEREFORE, the City Council of the City of Carlsbad DOES HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the Planning Commission contained in Resolution No. 696 constitute the findings of the City Council of the City of Carlsbad. BE IT FURTHER DECLARED AND RESOLVED that the City Council certifies that the approval of the proposed change of zone classi- fication is necessary to carry out the general purposes of Ordinance No. 9060 as amended. BE IT FURTHER RESOLVED that the City Council does hereby declare its intention to adopt an ordinance to effectuate the xx 29 /' 30 31 1 I 32 1 I I ~ i i j v b b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 2E 27 2€ 2: 3( 3: 3: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 20th day of April, 1971, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Jardine, Castro and Lewis. NOES : None. ABSENT: None. DAVID M. DUNNE, Mayor of the City of Carlsbad, California ATTEST: (SEAL) -2- 3 I/ ' I I 1/ 21 ORDINANCE NO. 9269 AN ORDINANCE OF THE CITY COUNCIL OF THE A. The development of the property described in Section 1 2o I1 4: 5. 61 7! 8 ~ 91 I 101 13 I 32, 1 13 ' 14' 151 161 17' 18 191 1 2111 hereof shall be subject to the restrictions and limitations set 221 forth herein which are in addition to all of the requirements, 'I I AND REDUCTION IN REQUIRED SIDEYARD SETBACK FOR COVERED PARKING FACILITY ON PROPERTY LOCATED AT THE SOUTHERLY TERM1 MARINA DRIVE. The City Council of the City of Car California, DOES ORDAIN that a Specific Plan for the herei described real property be adopted in the following part SECTION 1. PROPERTY DESCRIPTION. ot 72, Shelter Cove Map 5162, recorded 4/23/63, in the C arlsbad, County of San Diego, State of California and more particularly described SECTION 2. GENERAL CONDITIONS. The Specific P1 in application on file in the City Planning Department. Exhibit ''A", attached hereto, for a 33-Unit Apartment taining a reduction in sideyard setback from 4 feet to 0 feet, for a parking facility, to be located at the so herly terminus of Marina Drive, and entitled "Plot Plan - Townhouse Development, Chip Development Corporation, Project No. 70-163:' is subject to the following conditions and restrictions: 231 I limitations and restrictions of all municipal ordinances and State 29 tion of the City Engineer, without cost to the City of Carlsbad, ll 24 251 261 27 i 281 i I 3011 and free of all liens and encumbrances. and Federal Statutes now in force, or which hereafter may be in force for the purpose of preserving the residential characteristics of adjacent properties. B. All public improvements shall be made in conformity with the Subdivision Ordinance and other City standards to the satisfac- 311 321 i I I I 1 XX xx ii I 21 I I 31 I I C. All land an/or easements required by this ordinance shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. 9 1 101 11! i 121 13 1 14/ 161, ::I 191 20 21 221 I 15 I I 4 A. Said project shall be developed, generally, in conformance with Exhi bit "A". B. Those areas shown in GREEN on Exhibit "A" shall be develop ed with walkways, patios, landscaping and sprinkler systems, in conformance with a plan approved by the Planning Department. C. Preliminary architectural elevations shall be approved by the Planning Department, prior to plan submittal for building permi D. Six-foot (6-foot) high fences shall be developed on the North and East property lines, of materials compatible with the projectS architectural concept. E. A master television antenna shall be provided for the entire apartment project. the purpose of fire protection, the following items shall be adhered to and developed as approved by the City of Carlsb Fire Department: 5 30; SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The following conditions shall apply with respect to any development after the City standards and, as specified or approved by the City Engineer: for approval ; said approval would necessitate com- pliance with the City's Park Dedication Ordinance #9190. 23 24 -2- 25 26 1 27 ~ ~ I 28 j 1. That development be in conformance with Sections 3805, 3806, and 3808 of Chapter 38, 1967 Edition of the Uniform Building Code (State of California.) Marina Drive be replaced with a 4-inch by 4-inch standard hydrant. tests as may be required by the Fire Department. 2. That the existing wharf hydrant at the terminus of 3. That Items 1 and 2, above, be subject to periodic 31 32 -2- J I 2 1 c 4 5 6 7 8 9 10 XI. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. Sidewalks and a street light shall be installed on Marina Drive, in front of subject development. 3. The development design shall provide for the pro- tection of existing storm drain and sewer facilities SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE OF BUILDING PERMIT. The following shall be granted to the City of Carlsbad before any building occupancy permit will be issued for the occupancy of any building or use of any facility upon or within any property described in Section 1 hereof: A. All street improvements including water, sewer, under- ground power and telephone, street tree planting, street light, storm drain and any other improvements deemed necessary by the City Engineer shall be installed in conformance with City standards and indicated on an approved improvement plan prior to the issuance of a building occupancy permit. B. All lands necessary for street widening shall be dedicate! to the City of Carlsbad prior to approval of said improvement plan. C. A grading plan shall be submitted prior to the issuance of a building permit. SECTION 5. ADMINISTRATION AND ENFORCEMENT. The Building Department shall not approve any building for occupancy until the Planning Director has certified that all the conditions of this Ordinance have been satisfied. The Planning Director of the City of Carlsbad is designated as the enforcing officer of this Specific Plan. His decision shall be final as to whether the subject property has been properly developed and improved. However, the owners of the subject propert may appeal to the City Council any decision of the Planning Direct0 relative to this Specific Plan. Such appeal shall be in writing and filed with the City Clerk within 10 days following the receipt of the decision of the Planning Director. The City Council's decision shall be final. xx -3- iJ I I I I SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective 30 days after its adoption. The City Clerk of the City of Carlsbad I 31 shall certify to the adoption of this Ordinance and casue it to 41 be published once in the Carlsbad Journal within fifteen (15) days 51 after its adoption. I INTRODUCED AND FIRST READ at a regular meeting of the City /I 7iI Council of the City of Carlsbad, California, held on the 20th day I/ 81/ of April, 1971, and thereafter PASSED AND ADOPTED at a regular 911 meeting of said City Council on the 4th day of May, 1971, by the lo// following vote, to wit: 13.11 AYES: Councilmen McComas, Jardine, Castro and Lewis. I 12 I NOES : I 13 j ABSENT: Councilman Dunne. 14 ' I i None. I 15 1 ,\> - GLENN E, MC COMAS, Vice Mayor of 16 the City of Carlsbad, California I 171/ ATTEST: ., 4 3 i 1 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 9270 AN ORDINANCE OF THE CITY OF CARLSBAD FYING'CERTAIN DESIGNATED PROPERTY IN AMENDING ORDINANCE NO. 9060, RECLASSI- THE CITY OF CARLSBAD FROM ZONE C-2 (GENERAL COMMERCIAL) TO R-W (RESIDENTIAL WATERWAY) ZONE, FOR PROPERTY LOCATED ON THE SOUTHERLY TERMINUS OF MARINA DRIVE. The City Council of the City of Carlsbad, California, DOES ORDAIN, that Carlsbad Zoning Ordinance No. 9060 is amended to read as follows: SECTION 1: That the following described real property is reclassified for R-W (Residential Waterway) purposes, subject to the provisions contained in Ordinance No. 9269, establishing a Specific Plan for the following described property, and as said Ordinance may hereafter be amended, and that the zoning map referrec to in Section 302 of said Ordinance No. 9060, as amended, be changec accordingly: PROPERTY DESCRIPTION: All of Lot 72, Shelter Cove Map 5162, recorded 4/23/63, in the City of Carlsbad, County of San Diego, State of California, and more particularly described in applica- tion on file in the City Planning Department. SECTION 2, This Ordinance shall be effective thirty (30) day! after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen (15) days after its adoption. xx xx xx xx xx xx xx xx 1 I // INTRODUCED AND FIRST READ at a regular meeting of the City 21 Council of the City of Carlsbad, California, held on the 20th day 3 of April, 1971, and thereafter PASSED AND ADOPTED at a regular 41 I meeting of said City Council held on the 4th day of May, 1971, by 5, I the following vote, to wit: AYES: Councilmen McComas, Jardine, Castro and Lewis. NOES : None. 1211 ATTEST: 13'1 . the City of Carlsbad, California I