Loading...
HomeMy WebLinkAbout1973-10-16; City Council; 2174; Request for adoption of Specific Plan SP 136 and Tentative Map CT 73-38 to allow 117 condominium units on 10.2 acres of land located north of Tamarack Avenue and west of Jefferson Street known as Carlsbad Gardens• ,*• "!>>KCtTY OF CARLSBAD, CALIF^IIA Agenda Bill K!o. ,3,174- ' .. ' Date October 16. Referred To: CITY COUNCIL - ... Subject: SPECIFIC PLAN AMU TENIAiiVh MAP Tor UAKLbBAU tiAKUhNS: Submitted Byi Request for adoption of Specific Plan 136 and Tentative iMap CT 73-38 to allow 117 condominium units on 10.2 acres of land generally • PLANNING located north of Tamarack Avenue, and west of Jefferson Street, mMMTSSTON to be known as CARLSBAD GARDENS. " Statement of the Matter - . % At their regular meeting of September 25, 1973, the Planning Commission did hold a duly noticed Public Hearing to consider a request for approval of a specific* plan (SP-136) and tentative map (CT 73-38), to allow construction of 117 condominium units on approximately 10.2 acres of land,'generally located north of Tamarack Avenue and west of Jefferson Street, to be known as CARLSBAD GARDENS LTD. .After hearing all persons wishing to speak on this matter, the Planning Commission did approve 'the Specific Plan No. 136 by adopting Resolution No. 964, and approve the tentative map (CT 73-38) by adopting Resolution No.963, as per conditions stated- in staff report. . Exh i b 1 1 1. Certification of Ownership 2. Staff Report dated Sept. 25, 1973 . 3. Attachments to staff report. 4. Applicant's Exhibit • ' . 5. Resolution No. 964 adopting Specific Plan & No. 963 approving Tentative 6. City Council Resolution No,. 7. City Council Resolution N Staff Recommendations to the City Manager Staff recommendations are more clearly outlined in attached staff .report. Wo Date:' ctober 16, 1973 City Manager's Recommendation This appears to be very good- use of this undeveloped land and • Is below the medium density permitted in this area.' There are two -fact or-s that J wish to call to your" attention. There are in this project 117. units composed of 27 "two-bedrooms; 6l 'three bedrooms; and 29 three bedrooms and den. This indicates to me that there would be a.- considerable impact "on the schools and I- wonder if this has been reviewed in light of .the proposed school policy relative to builder's participation. • • . • .^ Another pplnt that I would call to* your .attention is the impact of traffic' in 'this general area. •' I know" that considerable thought and study has been given- €0 a traffic-. signal at Jefferson and .Tamara'ck and feel that" thi~s- would be 'another area where the 'developer might be asked .to contribute t® this signal.ization.. * * * I concur with the staff recommendation-. . . - Council'Action ' . ' * - • 10-16-73 Resolution #3242 was adopted, adopting a specific plan. Resolution '#3243 was adopted as'amended to include condition #11, regarding an agreement with the school district, and condition #12, reguiring the developer to enter into an agreement with the- City as to con- • " tribution for sign'al ization at Jefferson St. c APPLICATION FOR APPROVAL TENTATIVE TRACT MAP EXECUTED AT Los Angeles, [CTty] DATE July 31, 1973 OWNER AND/OR OWNER'S AUTHORIZED AGENT: California (State) CARLSBAD GARDENS, a Limited Partnership Robert Hirsch, a general partner >> ^Signature) 15233 Ventura Blvd., Suite 816 (Mailing Address) Sherman1 Oaks, California 91403 (City and State) (Area Code) (213) 981-5253 or 872-1741j,T . . ,[Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS 31st DAY OF July ,1973. TO 442 C t(Partnership) [STATE OF CALIFORNIA 'COUNTY nr Los Angeles On July 31. 1973. VH • » • • T before me the undersigned, a Notary Public in and for said State, personally appeared_| Robert Hirsch knnwn to me to be_One of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature.I//Lillian Herman OFFrO"' SEAL LILLIAN GERMAN NOTARY PUBLIC- CAUFOUNIA LOS ANGELES COUNTYMy Commission Expires Apr. 10,1976 ^> Name (Typed or Printed) 15233 Ventura Blvd., Ste. 816, Sherman Oaks, CA. 91403 (TAis iru for official notariil seal) -4- CITY OF GAELSBAD PLANNING DEPARTMENT REPORT FOR SEPTEMBER 25, 1973 TO: FLAMING COMMISSION REPORT ON: CONSIDERATION OF SPECIFIC PLAN CONSIDERATION OF TENTATIVE MAP CASE NO: SPECIFIC PLAN NO. 136 CARLSBAD TRACT NO. 73-38 APPLICANT: CARLSBAD GARDENS, LTD. Robert Stern 15233 Ventura Boulevard, Suite 8l6 Sherman Oaks, California 91403 I. GENERAL INFORMATION A. Request; The applicant is requesting approval of a revised Specific Plan and Tentative Map to allow the development of 117 condominium units on 10.2 acres of land generally located north of Tamarack Avenue and west of Jefferson Street, and further described as a portion of Tract 231- of Thum Lands, per Map No. 1681, in the City of Carlsbad. B. Background: The City Council approved a Specific Plan for a 236 unit apartment complex on this site on November l6, 1971- The applicant at that time was Goldrich, Kest and Associates. Ordinance No. 9283 adopted the Specific Plan and would have to be revoked if this application is approved. C. Zoning and General Plan; !• Zoning; Existing: RD-M Proposed: RD-M Adjacent: North R~3 & R-l East R-2 & R-l South R-l West R-3 & R-l 2. General Plan: The adopted General Plan designates this area as Medium Density residential (22-47 dwelling units per acre). The applicant is proposing 11.5 dwelling units per acre. Do Environmental Impact Considerations; The applicant has submitted an Environmental Impact Assessment per City requirements and the Planning Director has declared that the proposed development would have a "non-significant" impact on the environment. o E. Public Notification: The required public notices have been published and mailed regarding these items. II. CONSIDERATION OF SPECIFIC ELAN NO; 136 A. Description of Project': The 11? units are composed of 27 two-bedroom units, 6l three-bedroom units, and 29 three-bedroom plus den units. There are 25 buildings with from 2 to 6 units per building. A two—car garage is provided for each unit and there are provisions for 33 guest parking spaces. Major circulation is provided by a 28 foot wide access road that connects Tamarack Avenue to Jefferson Street. All but 5 garages are fed off a drive-way cul-de-sac. Extra parking areas include 'a recreational vehicle storage area with 18 spaces and 33 guest parking spaces dispersed throughout the development. Special design features include an approximately 20,000 square foot recreation area with a swimming pool, 5 tot lots with approximately 1500 to 3000 square feet, and a landscaped earthen berm adjacent to the railroad. There is a minimum green-belt of approximately 20 feet-between units. B. Staff Recommendation; Staff recommends that the Planning Commission recommend to the City Council that Ordinance No. 9283 be revoked and that Specific Plan no. 136 BE APPROVED. Justification is based on: 1. The proposed development is consistent with the recommendations of the adopted General Plan. 2. The development is well designed and would not be detrimental to the adjoining properties. C. Conditions of Approval; Any approval should be subject to the following conditions: 1. The Specific Plan approval is granted for the land described in the application, and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A. The location of all buildings,. fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, except or unless indicated otherwise herein. All buildings and structures shall be of the design as shown on the elevation plans labeled Exhibit B. 2. Unless the construction of the structure of facility is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3- Any minor change may be approved by the Planning Director. Any .'substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall be visibally marked outlining individual 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 reasonable good state of repair at all times. Garage floors shall be a minimum of Portland Concrete Cement. 6. Prior to obtaining a bin Iding permit and within 30 days hereof, the applicant shall file with the Secretary-of the Planning Commission written acceptance of the conditions stated herein. 7. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection c3.earance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 8. Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be sub- mitted, in triplicate, to the Planning Director. 9. All lighting shall be arranged to reflect away from adjoining properties and streets. 10. An incombutstible 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. 11. A detailed landscape and sprinkler plan prepared by a landscape architect, shall be submitted to the Planning Director for consideration and approval. 12. 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 Director. 13. Prior to the issuance of any permits, the applicant shall enter into a mutually acceptable agreement with the Carlsbad Union School District to provide for future school requirements that will result from the proposed development. 'O O14. All utilities to any structure approved herein snail be supplied by underground feed. 15. The applicant shall install all required fire hydrants-and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 16. The recreational vehicle storage area shall be enclosed by a solid view- obscuring fence. 17. The design of the earthen berm adjacent to the railroad tracks shall be approved by the Planning Director prior to the issuance of any permits. 18. Prior to the issuance of any permits, a Tentative Map and improvement plans shall be approved, and a Final Map recorded for the subject property-. III. CONSIDERATION OF TENTATIVE MAP NO. CT 73-38 A. Description of Project: The proposed subdivision consists of 117 condominium units on 10.2 acres. There are two condominium lots, one recreation lot, and one model home lot. The internal circulation system is proposing to be private and the proper dedications are shown for the adjoining public right- of-way. B. Staff Recommendations: Staff recommends that the Planning Commission recommend to the City Council that Tentative Map No. CT 73-38 BE APPROVED. Justification is based upon conformance of proposed tentative map to the General Plan, Municipal Ordinance and the State of California Subdivision Map Act. Staff recommends in-lieu fees be paid as a part of this subdivision in that no park site is indicated on this property. C. Conditions of Approval: Any approval- should be subject to the following conditions: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 2. Prior to consideration of the Final Map and Improvement Plans, a -grading- and plot plan of the tract with all proposed dwelling units .located thereon, and showing appropriate setback dimensions, shall be submitted to the Planning Department for approval to insure that adequate area requirements can be met. 3. Park-in-lieu fees shall be granted to the City prior to recording the final map. 4. In order to provide for reasonable fire protection during the con- •struction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Departrnenr.. <c 5. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards, to the satisfaction of tha City Engineer, without cost to the City of Carlsbad, and .free . of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts, 6. All drainage and grading plans shall be approved by the City Engineer. 7. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 8. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The Developer shall post a bond in the amount necessary to energize said street lights for an eighteen month period after construction, to permit the incorporation of the sub- division into a maintenance district. 9. All land and/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. 10. The area shown on the Tentative Map "Future Street Dedication" shall be dedicated to the City and improved per the requirements of the City Engineer. Attachments: Letter from Woodside/Kubota and Assoc. Inc. Letter from San Diego Gas & Electric Co. Memorandum from Fire Department c -'••M V-^M ASSOCIATES, INC. -•.--~~«-J <- ---- --V4H*-... 1 •' ;| 2965 Roosevelt St. • P.O. Box 1095 •Carlsbad, California 92003 • !71 4) 729-1194 August 14, '1973 Mr. Donald A. Agatep Director of Planning .City of Carlsbad -.'-••• : 1200 Elm Avenue Carlsbad, Calif. 92008 136 : /Carlsbad Condominiums • . Carlsbad Municipal Water District .... Dear Mr.. Agatep:. ,. :. ; . -I \ •;••'•• - ..' This office has reviewed the subject project and has determined that this area is not within the retail service area of the Carlsbad Municipal Water District. If you have any questions or require additional information please contact this office. V,ery truly yours, John R. Pierce, Project Engineer cc: Carlsbad Municipal Water District JRP/sp irf! County. S-int.1 An3 DIEGO GAS & ELECTRIC 320 MISolCN AV?NL; OC=^.M3iC;. ';-L;.;GR 1PANY DISTRICT Oceanslda, Ci. 92054 August 22, 1973.?LA 500 1SCE1VED ; AUG 24 1973 JCITY OF CARLSBAD Elanning Department •City of Carlsbad _;.;:;' . ^;. ."''..-'''' ' 1200 Elm Arenus ,:' >.; j ' - v: :.'. : : -' - - ., -;".; ;- Carlsbad, CA/ 92008 :.._:;v :;•-;" ;^::";--'\ -:[.?-.-:^^.: Attni Donald A., Agatsp, Birector of Planning Raf r CT 71-7, 73-28,V73-39, 73-33 •• - - :-,... °.r : • . , •'.. :-:.Y •-' • J;-;./. . - Gentleman:- ' - ."-';'"; •' ". • ; - ." .. :"/.::'•''' ' •"••'• . ' "• ••' "'" Gas and electric sarrica is availabla to Carlsbad Condoainiuaa Taaarack. Avernis and. Jefferson Street^ City of Carlsbad. ' This project is in. the. arsa serred by San Diego Gas & Blactr^c Conpany, and extensions to and within this development will be mada in accordance with ova: rulsa as filed with the California Public Utilities Comaission, ....'.. . • • ~" • .-. ' ••"• • • . Sincerely J Gv L. Spa _• Gust oner- Extension GLS/jzsc Phona: 722-1471 f .O :\ WJOTE IT"—BOiTT. SAY IT JNTER-DEPARTMHNT MEMORANDUM • • ••-"•• •-••''•.'•-..••• -.-:--. ".''.;;•-.'."-. • . • . ' "'. • A.M- •• • • 'TO : /.'••••- PLANNING :DE?T.; .•<••- :••; :' -:::--.'DATE: Aug.. 2ii; ',9 73 P.M. ' PROM:-, PIRB DEFT.:. ,.•"-•;>';.:'; ;•, \£:^ •.•'^•r.^^ .••••;': :'•':;; '-"'••':;-•;;-^'^-"> SrJBJ€CT: SP-136 Carlsbad Condo' s.:,Tamarack Sc Jefferson. ;'- •" Hydrants, -access etc..... ' - .- " . ; • Looped water system. . REPLY ON THIS SHEET (j. FROM A. WOLSNCHUK B/C 11-2J o PLANNING COMMISSION RESOLUTION NO. 964 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A SPECIFIC PLAN (SP.-136) TO ALLOW THE DEVELOPMENT Of 117 CONDOMINIUM UNITS ON '10.2 ACRES OF LAND GENERALLY LOCATED NORTH OF TAMARACK AVENUE AND WEST OF JEFFERSON STREET, TO BE KNOWN AS CARLSBAD GARDENS LTD. WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from ROBERT STERN, requesting approval of a Specific Plan (SP-136) to allow for 117 condominium units on 10.2 acres of land, generally located north of Tamarack Avenue and West of Jefferson Street, more particularly described as: A portion of Tract 231, of Thum Lands, per Map No. 1681, City of Carlsbad, State of California. WHEREAS, the Planning Commission did declare this application does comply with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and will have a "non-significant" impact on the environment, and, WHEREAS, the Planning Commission did hold a duly noticed public hearing and upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist which make the recommendation for approval of. this Specific Plan necessary to carry out the provisions and general purpose of Ordinance Mo. 9060: 1. The proposed development is consistent with the recommendations of the adopted General Plan. 2. The development is well designed and would not be detrimental to the adjoining properties. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend to the City Council the adoption of Specific Plan No. 136, subject to the following conditions: 1. The Specific Plan approval is granted for the land described in • the application and any attachments thereto, and as shown on the plot Siilv'tted 1 'b"1 "• Exhibit A. The location of all .buildings, fences '•<">'= - parking areas, landscaping and other fee 11-: '11 be located substantially as shown o» ••'•i •;! ' . '"**. A,, except or unless indicated oth" '•;er2i • . 'Ctures shall be of the design as -I'.o... 0,1 :•;:. c.ti./' . ;3lsd Exhibit B. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 si 22 23 24 25 26 27 28 29 30 Private patio fences shall not impede the function of the greenbelt area between units, and shall be as approved by the Planning Director. 2. Unless the.construction of the'structure or facility is commenced not. later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall be visibally marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be completec prior to final inspection of the structure or structures by the Building Department. The surface shall be kept in a reasonable good state of repair at all times. Garage floors shall be a minimum of Portland Concrete Cement. 6. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commission written acceptance of the conditions stated herein. 7. Compliance with and execution of all conditions listed hereon shal be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 8. Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be sub- mitted in triplicate to the Planning Director. 9. All lighting shall be arranged to reflect away from adjoining properties and streets. 10. 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. 11. A detailed landscape and sprinkler plan prepared by a landscape architect, shall be submitted to the Planning Director for consideratiqn and approval. 12. 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 Director. 13. Prior to the issuance of any permits, the applicant shall enter into a mutually acceptable agreement with the Carlsbad Union School District to provide for future school requirements that will resuV'. frc.i the proposed development. XX XX O" 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 14. All utilities to any structure approved herein shall be supplied by underground feed. 15. The applicant shall-install all required fire hydrants and dry- stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 16. The recreational vehicle storage area shall be enclosed by a solid view-obscuring fence. 17. The design of the earthen berm adjacent to the railroad tracks shall be approved by the Planning Director prior to the issuance of any permits. 18. Prior to the issuance of any permits, a tentative map and improvement plans shall be approved, and a Final Map recorded for the subject property. PASSED, APPROVED AND ADOPTED at the regular meeting of the City of Carlsbad Planning Commission, held on the 25th day of September, 1973, by the following vote, to wit; AYES: Commissioners Dominguez, Jose, Forman, Casler, Wrench & Little NOES: None ABSENT:Commissioner Palmateer E. W. DOMINGUEZ, Chairman ATTEST: DONALD A. AGATEP, Secretary o PLANNING COMMISSION RESOLUTION NO. 963 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLS3AD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP (CT 73-33) TO ALLOW THE DEVELOPMENT OF 117 CONDOMINIUM UNITS ON 10.2 ACRES OF LAND GENERALLY LOCATED NORTH OF TAMARACK AVENUE AND WEST OF JEFFERSON STREET,.TO BE KNOWN AS CARLSBAD GARDENS, LTD. . WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from ROBERT STERN, requesting approval of a tentative map (CT 73-38) to allow the development of 117 condominium units on 10.2 acres of land, generally located north of Tamarack Avenue and west of Jefferson Street, and further described as: A portion of Tract 231 of Thum Lands, per Map No. 1681, in the City of Carlsbad, State of California. WHEREAS, said.application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and the Planning Director has declared that the proposed development would have a "non- significant" impact on the environment; and, WHEREAS, the Planning Commission did find that the subject.Tentative Map does substantially comply with the City of Carlsbad Subdivision Regulations and the State of California Subdivision Map Act; and, WHEREAS, the Planning Commission does find that the provisions for design and improvements of this Tentative Map are consistent with the General Plan of the City of Carlsbad, and; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend approval to the City Council of the City of Carlsbad, of the herein described Tentative Map (CT 73-38), subject to the fulfillment of the following conditions: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now in xirce, or which, hereafter, may be in force for the purpose of perserving the residential characteristics of adjacent properties. 2. Prior to consideration of the Final Map .and Improvement Pl^nr, .:. grading and plot plan of the'tract with all ir*"-'-..-' .* ^.••••7; fi-' located-thereon, and showing .approporate ser •. P-: .... .,T submitted to.the Planning Department for a:v - in i area requirements can be met. 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 3. Park-in-Lieu fees shall be granted to the City prior to approval of the Final Map. 4. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required . fire flows shall be installed as recommended by the Fire Department. 5. All public improvements shall be made'in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards, to the satisfaction of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 6. All drainage and grading plans shall be approved by the City Engineer. 7. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 8. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The Developer shall post a bond in the amount necessary to energize said street lights for an eighteen month period after construction, to permit the incorporation of the sub- division into a maintenance district. 9. All land and/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. 10. The area shown on the Tentative Map "Future Street Dedication" shall be dedicated to the City and improved per the requirements of the City Engineer. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City of Carlsbad Planning Commission held on the 25th day of September, 1973, by the following vote, to wit; AYES: Commissioners Dominguez, Jose, Forman,'Casler, Wrench & Little NOES: None ABSENT: Commissioner Palmateer. E. W. DOMINGUEZ, Chairman ATTEST: DONALD.A. AGATEP, Secretary -2- c O 1 2 rrO 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 RESOLUTION NO. 3242 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION AND ADOPTING SPECIFIC PLAN (SP-136) TO ALLOW THE DEVELOPMENT OF 117 CONDOMINIUM UNITS ON 10.2 ACRES OF LAND GENERALLY LOCATED NORTH OF TAMARACK AVENUE AND WEST OF JEFFERSON STREET, TO BE KNOWN AS CARLSBAD GARDENS, LTD. WHEREAS, a duly advertised Public Hearing was held on September 25, 1973 before the Carlsbad City Planning Commission in the manner prescribed by law to consider Specific Plan (SP-136), to allow for the development of 117 Condominium Units on 10.2 acres of property described as: A portion of Tract 231, of Thum Lands, per Map No. 1681, City of Carlsbad, State of California. WHEREAS, at the conclusion of said hearing, said Commission adopted Resolution No. 964, which is herewith referred to and made a part hereof recommending the approval with conditions of said plan; and i WHEREAS, on October 16 , 1973, .the City Council held a duly advertised Public Hearing and received all recommend- ations and heard all persons interested in or opposed to the proposed Specific Plan; and WHEREAS, said Specific Plan has complied with the require- ments of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been declared to have a non-significant impact on the environment: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: A. That the above recitations are true and correct. B. That Specific Plan (SP-136) is thereby approved, sub- ject to the execution and/or fulfillment of the following con- ditions: 1. The Specific Plan approval is granted for the land described in the application and any attach- ments thereto, and as shown on the plot submitted labeled Exhibit A. The location of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be located teiuilfeHtnV. c 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 substantially as shown on the plot plan labeled Exhibit A, except or unless indicated otherwise herein. All buildings and structures shall be of the design as shown on the elevation plans labeled Exhibit B. Private patio fences shall not impede the function of the greenbelt area between units, and shall be as approved by the Planning Director. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be con- sidered by the Planning Commission. 4. All requirements of any law, ordinance or regula- tion of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall be visibly marked outlining individual 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. Garage floors shall be a minimum of Portland Concrete Cement. 6. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Sec- retary of the Planning Commission written acceptance of the conditions stated herein. 7. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 8. Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. De- tailed plans for said screening shall be submitted in triplicate to the Planning Director. 9. All lighting shall be arranged to reflect away from adjoining properties and streets. 10. An incumbustible trash enclosure shall be pro- vided of a size and location acceptable to the Plan- ning 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. -2— Il! 2 3 1 I 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 11. A detailed landscape and sprinkler plan prepared by a landscape architect, shall be submitted to the Planning Director for consideration and approval. 12. Prior to final building inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner accept- able to the Planning Director. 13. The Developer is encouraged to work with the Carlsbad Unified School District to provide for future school requirements that will result from the proposed , development. 14. All utilities to any structure approved herein shall be supplied by underground feed. 15- The applicant shall install all required fire hydrants and drystand pipes prior to framing construc- tion, and said fire appurtenances shall be functional prior to commencing such work. 16. The recreational vehicle, storage area shall be enclosed by a solid view-obscuring fence. 17. The design of the earthen berm adjacent to the railroad tracks shall be approved by the Planning Director prior to the issuance of any permits. . 18. Prior to the issuance of any permits, a tentative map and improvement plans shall be approved, and a Final Map recorded for the subject property. C. That the approval of the proposed Specific Plan is necessary to carry out the general purpose of Title 21 of the Carlsbad Municipal Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of October , 1973, by the following vote, to wit: AYES: Councilman Dunne, McComas, Lewis, Chase and Frazee NOES: ABSENT: None. None. ATTEST: DAVID M. DUNNE, Mayor MARGARET E. ADAMS, 'City Clerk (Seal) ij ' RESOLUTION NO. 3243 2JJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY I OF CARLSBAD, CALIFORNIA, APPROVING WITH CQN- 3 ! DITIONS TENTATIVE MAP (CT 73-38) TO ALLOW THE Ij DEVELOPMENT OF 117 CONDOMINIUM UNITS ON 10.2 41! ACRES OF LAND GENERALLY LOCATED NORTH OF I TAMARACK AVENUE AND WEST OF JEFFERSON TO BE 5 i KNOWN AS CARLSBAD GARDENS, LTD. 4I WHEREAS, on the 25th day of September, 1973, the Carlsbad7 City Planning Commission adopted Resolution No. 963, recommend-8 ing to the City Council that Tentative Map (CT 73-38} be con-9 ditionally approved; and 10 WHEREAS, the City Council of the City of Carlsbad, on the 16th day of October, 1973, considered the recommendation of the12 Planning Commission; and13 WHEREAS, said Tentative Map has complied with the require- 14 ments of the "City of Carlsbad Environmental Protection Ordinance15 of 1972" and has been declared to have a non-significant impact 16 on the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the18 City of Carlsbad, as follows: -Li/ A. That the above recitations are true and correct. f£\J 8. That Tentative Map (CT 73-38) is hereby approved, <^J_ subject to the execution and/or fulfillment of the following (*»f** conditions: . fcO 1. The development of the property described herein24 shall be subject to the restrictions and limitations set forth herein which are in addition to all the 25 requirements, limitations and restrictions of all municipal ordinances and State and Federal statues now 26 in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics27 of adjacent properties. 28 2. Prior to consideration of the Final Map and Improve- ment Plans, a grading and plot'plan-of the tract w^'th ^ all proposed dwelling units located thereon, and showing appropriate setback dimensions, shall be submitted to °° the Planning Department for approval to insure that adequate area requirements can be met. O J, 32 3. Park-in-lieu fees shall be granted to the City prior to approval of the Final Map. 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 II 4. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 5. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards, to the satisfaction of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 6. All drainage and grading plans shall be approved by the City Engineer. 7. All utilities, including provisions for shall be placed underground concealed from view. and/or shall be cable TV, completely 8. Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The Developer shall post a bond in the amount necessary to energize said street lights for an eighteen-month period after construction, to permit the incorporation of the subdivision into a maintenance district. 9. All land and/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. 10. The area shown on the Tentative Map "Future Street Dedication" shall be dedicated to the City and improved, per the requirements of the City Engineer. 11. The Developer is encouraged to work with the Carlsbad Unified School District to provide for future school requirements that will result from the proposed development. 12. That the Developer shall enter into an agreement with the City providing for contribution by the developer toward the cost of a fully actuated traffic signal at the intersection of Tamarack and Jefferson Streets in an amount to be determined by the City Engineer pursuant to such a traffic signal policy as the City Council may adopt. C. That said Tentative Map together with the provisions for its design and improvement and subject to the above conditions, is consistent with all applicable general and specific plans of the -p City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of October, 1973, by the following vote, to wit: -2- 1 2 5 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 i o- AYES: Councilman Dunne, McComas, Lewis, Chase and Frazee NOES: None. ABSENT: None. 'AVID M. DUNNE, Mayo>— ATTEST: ^—> E. ADAMSI City Clerk (Seal)