HomeMy WebLinkAbout1973-10-02; City Council; 2093-1; Zone Change and Specific Plan- 4
" I1 * 0 I/ PLANNING COMMISSION RESOLUTION NO ,924
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING DENIAL OF A
FAMILY RESIDENTIAL) TO R.3 [MULTIPLE FAMILY RESIDENTIAL' ZONE, TO PERMIT THE DEVELOPMENT OF A 49 UNIT CONDOMINrUl PROJECT, ON PROPERTY GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO CANNON ROAD, APPROXIMATELY 50 FT. EASTE~ OF THE INTERSECTION OF EL ARBOL DRIVE AND CANNON ROAD, APPLICANT: W. D. CANNON
REQUEST FOR CHANGE OF ZONE [ZC-115) FROM R-1 (SINGLE
WHEREAS, the Planning Commission of the City of Carlsbad, Califo
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of San Diego, State of California, according to 16
Hedionda, in the City of Carlsbad, County 15
That portion of Lot "H" of the Rancho Agua 14
Drive and Cannon Road, and more particularly described as: l3
Cannon Road, approximately 50 ft. easterly of the intersection of El Arb 12
condominium project on property generally located southerly of and adjac 11
R-3 (Multiple Family Residential) zone, to allow the construction of a 4 10
sider a request for a change of zone from R-1 (Single Family Residential 9
did on the 26th day of June, 1973, hold a duly noticed public hearing to
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WHEREAS, said application has complied with the requirements of 19
Map thereof No. 823, filed in the office of the
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determined to have a non-significant impact on the environment; and, 21
"City of Carlsbad Environmental Protection Ordinance of 1972" and has be
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said Commission did find the following facts and reasons to exist which 24
the testimony and arguments , if any, of all persons who desired to be hc
purpose of Title 21 : 26
make the denial of a zone change necessary to carry out the provisions i 25
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1. Non-conformance of the requested density to the dens. commitment as indicated by the adopted General Plan, whic 3-7 d.u./acre. Based upon the existing and potential USI the area , the General Plan commitment seems to be still t for the subject parcel.
2. The lack of compatability of the maximum possible del permitted in the R-3 Zone district and even the indicate( of 7.1 d.u./acre to the existing residential development area, and the semi-industrial activities to the north an( of the subject property.
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3. The existence of physical features, such as the drain basin and the A.T.S. & F. R.R., which require special sit' design techniques to make any development liveable. Staf believes that such techniques can not be applied at the permitted R-3 district density or even the proposed 7.1 d acre density.
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5/ NOW, THEREFORE, BE IT RESOLVED by the P1 anning Commission of the
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property from R-1 to R-3. 8
adoption of an amendment to Title 21 for a reclassification in zone on s '7
of Carl sbad, that it does hereby recommend denial to the City Council ,
9 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of
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AYES: Commissioners Jose, Palmateer, Forman & Casler 12
following vote, to wit; 11
Carlsbad Planning Commission, held on the 26th day of June, 1973, by the
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ABSENT: Commissioners Dominguez and Wrench 14
NOES: Commissioner Little
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Secretary 24
QCP-q ' DONALD A. AGATEP,
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0 PLANNING COMMISSION'RESOIWTION'MO;
. . . . . . . . . . . . . 0 925
A RESOLUTION OF THE PLANNTNG CQM,NXSSIQN OF THE CITY OF
CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL THE DENrAL OF A
49 UNIT CONDOMINIUM PROJECT, ON PROPERTY GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO CANNON ROAD, APPROXIMATELY 50 FT. EASTERLY OF THE INTERSECTION OF EL ARBOL DRIVE AND CANNON ROAD. APPLTCANT: .W. D..CANNON.
SPECIFIC PLAN (Sp-118) TO ALLOW FOR DEVELOPMENT OF A
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property generally located southerly of, and adjacent to Cannon Road, ap 9
P1 an (SP-118) to a1 low for development of a 49 unit condominium project , 8
a verified application from W. D. CANNON, requesting approval of a Speci 7
WEREAS, the Planning Commission of the City of Carlsbad did rec
10 imately 50 ft. easterly of the Intersection of El Arbol Drive and Cannon
11 Road, more particularly described as:
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That portion of Lot IIH" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of said county.
WHEREAS, said application has complied with the requirements of
l6 I "City of Carlsbad Environmental Protection Ordinance of 1972" and has be
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of all persons who desired to be heard, said Commission did find the fol 20
hearing, and upon hearing and considering the test3mony and arguments , i 19
WHEREAS, the Planning Commission did hold a duly noticed public 18
determined to have a non-significant impact on the environment; and,
of Ordinance No. 9060: 23
Specific P1 an No. 11 8 necessary to carry out the provisions and general 22
facts and reasons to exist which make the recommendation for denial of t 21
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1. Non-conformance of the requested density to the densi commitment as indicated by the adopted General Plan which 3-7 d.u./acre. Based upon the existing and potential use the area, the General Plan commi tment seems to be still v for the subject parcel.
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2. The lack of compatability of the maximum possible den permitted in the R-3 zone district and even the indicated of 7.1 d.u./acre to the existing residential development area, and the semi-industrial activities to the north and the subject property.
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3. The existence of physical features such as the draina! and the A.T.S.F. Railroad which require special site desi!
techniques to make any deve.lopment liveable. Staff belie! that such techniques can not be applied at the permitted I density or even the proposed 7.1 d.u./acre density.
4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does ’ hereby recommend to the City Council , Denial of the Specific Plan No. 111
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for reasons stated above; and,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannin!
Commission of the City of Carlsbad, California, held on the 26th day of
June, 1973, by the following vote, to wit;
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AYES: Commissioners Jose, Palmateer, Forman & Casler
NOES: Commissioner Little
ABSENT: Commissioners Dominguez and Wrench
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l9 ATTEST:
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RESOLUTION NO. 3233
WHEREAS, on June 26, 1973, a duly advertised public hearing
was held before the Planning Commission in a manner prescribed by
law, to consider a change in zone from R-1 to R-3 on property
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE FROM R-1 (Single Family Residential) TO RD-M (Residential Density-Multiple) ON PROPERTY GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO CANNON ROAD, APPROXIMATELY 50 FEET EASTERLY OF THE INTERSECTION OF EL ARBOL DRIVE AND CANNON ROAD. Appellant: W.D. Cannon
11(/ generally located southerly of and adjacent to Cannon Road,
121iapproximately 50 feet easterly of the intersection of El Arbol
l31lDrive and Cannon Road, by applicant W. D. Cannon, and property I'll further described as:
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That portion of Lot "H" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of said county.
l8 II WHEREAS, at the conclusion of said hearing, the Planning
lg~lCommission of the City of Carlsbad, adopted Resolution No. 924
20/) recommending Denial of zone change which is herewith referred to, I 211/ and made a part hereof; and
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WHEREAS, said application has complied with the requirements
of the "City of Carlsbad Environmental Protection Ordinance of 1972'
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and has been determined to have a non-significant impact on the
environment; and
WHEREAS, on August 7, 1973, the City Council of the City of 26
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Carlsbad held a public hearing on the appeal of said Denial,
received all recommendations and heard all persons interested in
or opposed to the proposed change of zone and indicated their
intent to grant said appeal and referred the matter back to the
Planning Commission for report; and,
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Zone,
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WHEREAS, said appeal was granted on the basis of RD-M
rather than R-3, and was found to be acceptable to the
ant, and
WHEREAS, on August 14, 1973, the Planning Commission was
presented a report descr bing City Council action regarding the
appeal and submitted the following findings to the City Council
for their consideration:
1. Approve a Change of Zone from R-1 to RD-M on the subject property based upon conformance of the proposed development to the adopted General Plan and the existing development in the area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council finds that the zone change descri herein is consistent with the General Plan as it applic to contiguous properties within the City of Carlsbad.
3. That the approval of the proposed change of zone class- ification is necessary to carry out the general purposc
of Title 21 of the Municipal Code.
4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone.
PASSED, APPROVED AND ADOPTED at a regular meeting of
City Council on the 2nd day of October, 1973, by the follow
vote, to wit:
the
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
ATTEST:
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a. 0.
ORDINANCE NO. 9366
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING
(Residential Densi ty-Mu1 tiple) ON PROP- ERTY GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO CANNON ROAD, APPROXIMATELY 50 FEET EASTERLY OF THE INTERSECTION OF
(W. D. Cannon)
TITLE 21 OF THE MUNICIPAL CODE BY GRANT-
ING A CHANGE OF ZONE FROM R-1 TO RD-M
E AND CANNON ROAD.
The City Council of the City of Carlsbad, California, doe
ordain as fol~ows:
The following described real property is granted a zone
Zhange from R-1 to RD-M (Residential Density-Multiple) Zone:
That portion of Lot I'H" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of said county.
This ordinance shall be effective thirty
'30) days after its adoption and the City Clerk shall certify to
;he adoption of this ordinance and cause it to be published at
east once in the Carlsbad Journal within fifteen (15) days after
ts adoption.
EFFECTIVE DATE:
INTRODUCED AND FIRST READ at a regular meeting of the
arlsbad City Council held on the - 2nd day of October, 1973,
nd thereafter PASSED AND ADOPTED at ankegular meeting of said
ity Council held on the 18th day of October, 1973, by the
ollowing vote, to wit:
adjourned
AYES:
NOES: None.
Councilman Dunne, McComas, Lewis and Frazee.
ABSENT: Councilman Chase.
TTEST:
seal ).
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RESOLUTION NO. -- 3234
WHEREAS, on the 26th day of June, 1973, the Carlsbad City
Planning Commission adopted Resolution No. 925 which is herewith
referred to and made a part hereof; and
WHEREAS, on the 26th day of June, 1973, a duly advertised
Public Hearing was held in the manner prescribed by law to consider
the Specific Plan (SP-118) to allow for a 48-unit condominium
development on property generally located southerly of and adjacent
to Cannon Road, 50 feet easterly of intersection of El Arbol Drive
and Cannon Road ; more parti cul arly described as :
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION AND ADOPTING SPECIFIC
DEVELOPMENT ON PROPERTY GENERALLY LOCATED SOUTHERLY OF AND ADJACENT TO CANNON ROAD, 50 FEET EASTERLY OF INTERSECTION OF EL ARBOL DRIVE AND CANNON ROAD.
PLAN (SP-118) FOR A 48-UNIT CONDOMINIUM
WHEREAS, on August 7, 1973, the City Council held a duly
advertised public hearing and received all recommendations and
heard all persons interested in or opposed to the proposed Specific
Plan; and
WHEREAS, said application has complied with the requirements
of the "City of Carlsbad Environmental Protection Ordinance of
1972" ;
NOW, THEREFORE, EE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
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Appellant: W. D. Cannon
That portion of Lot "H" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said county.
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2. That the approval of the proposed Specific Plan is
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Carlsbad Municipal Code.
3. That the City Council hereby approves the Specific Plan
(SP-118) subject to the following conditions:
a) Prior to the issuance of any permits, the applicant
shall submit to the City, a tentative map for consideration and
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if the proposed plot plan or adjacent areas are unchanged, the
Planning Director may appoint one additional six months extension
of time.
e) Any minor change may be approved by the Planning
Director. Any substantial change will require the filing of an
application to be considered by the Planning Commission.
f) All requirements of any law, ordinance or regulations : of the State of California, City of Carlsbad, and any other govern-
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mental entity shall be complied with.
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g) No signs or advertising of any type whatsoever shall
be erected or installed until plans therefore have been approved
by the City of Carlsbad.
h) All areas shown as parking areas shall be surfaced
with asphaltic concrete and shall be visibly marked outlining in-
dividual parking spaces and traffic flow. Said surfacing and
marking shall be completed prior to final inspection of the
structure or structures by the Building Department. The surface
shall be kept in a reasonably good state of repair at all times.
Carport floors shall be a minimum of Portland Cement Concrete.
i) Prior to obtaining a building permit within 30 days
hereof, the applicant shall file with the Secretary of the Planning
Commission written acceptance of the conditions stated herein.
j) Compliance with the execution of all conditions listed
herein shall be necessary prior to obtaining final building in-
spection. Deviation from this requirement shall be permitted
only by written consent of the Planning Director.
k. Any mechanical and/or electrical equipment to be lo-
cated on the roof of the structure shall be screened in a manner
acceptable to the Planning Director. Detailed plans for said
screening shall be submitted, in triplicate, to the Planning
Director.
1) An incombustible trash enclosure shall be provided
of a size and location acceptable to the Planning Director, and
said area shall be enclosed with a fence and/or wall of sufficient
height to adequately shield the area. Said fence and/or wall
shall include a solid gate.
m) A detailed landscape and sprinkler plan prepared by
a landscape architect, shall be submitted to the Planning Director
for consideration and approval.
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n) Prior to final building inspection clearance, all
landscaping shall be installed. Said landscaping shall, at all
times, be maintained in a manner acceptable to the Planning
lirector.
0) All landscape areas in parking lots shall be enclosed
3y a raised concrete curb or low wall. All planters adjacent to
street right-of-way shall be constructed with weep holes per
specifications of the City Engineer.
p) All utilities including electrical, telephone and
television, shall be installed underground and/or shall be com-
pletely concealed from view.
q) All fire protection appurtenances
in accordance with Fire Department (City) requ
r) If the developer intends to raise
drainage basin, a detailed hydrology study sha
shall be constructe
rements.
the level of the
1 be submitted to
the City Engineer for consideration and approval prior to any
site work. Said study shall show the measures used to insure
that surrounding properties will not be subject to inundation
during the "design storm".
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council on the 2nd day of October, 1973, by the following vote,
to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
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ATTEST:
(SEAL)
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