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HomeMy WebLinkAbout1973-10-02; City Council; 2093-1; Zone Change and Specific Plan- 4 " I1 * 0 I/ PLANNING COMMISSION RESOLUTION NO ,924 1 2 3 4 5 6 7 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 8 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 17 WHEREAS, said application has complied with the requirements of 19 Map thereof No. 823, filed in the office of the 18 County Recorder of said county. 2o determined to have a non-significant impact on the environment; and, 21 "City of Carlsbad Environmental Protection Ordinance of 1972" and has be 22 WHEREAS, at said public hearing, and upon hearing and considerir 23 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 27 28 29 30 31 32 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. il -1 - de.-> .I e a 1 2 3 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. 4! 5/ NOW, THEREFORE, BE IT RESOLVED by the P1 anning Commission of the 6 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 10 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 13 ABSENT: Commissioners Dominguez and Wrench 14 NOES: Commissioner Little 15 16 17 18 19 20 21 ATTEST: 22. \ 23 Secretary 24 QCP-q ' DONALD A. AGATEP, 25 // 26 11 21 28 29 30 31 32 -2- /I d .. 4 1 2 3 4 5 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 6 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: 12 13 14 15 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 17 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 24 25 26 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. 27 28 29 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. 30 32 xx 31 xx /I -1 - - c - 7. .. 1 2 3 m m 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 6 7 8 9 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; 10 11 12 13 14 AYES: Commissioners Jose, Palmateer, Forman & Casler NOES: Commissioner Little ABSENT: Commissioners Dominguez and Wrench 15 /I 16 I 17 18 l9 ATTEST: - re I1 -2- -. 8 9 lo 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: 15 16 17 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 22 23 WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972' 24 25 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 27 28 29 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, 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Zone, aPPe1 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: 1 1 1 1 1d 11 1( 1' 1t 1: 2( 23 22 2% 24 25 26 27 28 29 30 31 32 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 ). 61 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I I 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. xx 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. I/ 1 I 1 i 2. That the approval of the proposed Specific Plan is 8 9 10 11 3 41 5 6 7 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 22 23 24 25 26 27 28 29 12 13 14 15 16 17 18 19 20 21 I 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- -2- 30 31 mental entity shall be complied with. xx I 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 311 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. xx -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 15 2c 21 22 22 24 2: 2f 27 2E 25 3( 3: 38 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. p? 7 ATTEST: (SEAL) -4-