HomeMy WebLinkAbout1980-11-04; City Council; 6402-1; ZC-205 10 Unit Tract Map & Office/Condo PermitA
AGENDA BILL NO.
DATE:
DEPARTMENT:
^^' CITY OF CARLSBAD **tfw • ^
6402-Supplement 1
November 4, 1980
City Attorney
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Subject: ZONE CHANGE FRO^ R-3 TO R-P-Q AND 10 UNIT TRACT MAP AND
OFFICE CONDOM-INUM PERMIT. APPLICANT: FREEHOF
CASE NO
Statement of the Matter
CONDOM-IN^UM PERMIT. APPL
;/XZC-205/CT 8Q-4Q/CP-130
The City Council, at your meeting of October 28, 1980,
directed the City Attorney to prepare the necessary
documents approving Zone Change 205, Tentative Subdivision
Map (CT 80-40)and Condominium Permit (CP-130).
A condition has been added to provide that the Tentative
Subdivision Map and Condominium Permit approvals will not
be effective until the Zone Change is effective.
Exhibits
Ordinance No. /Ja granting Zone Change 205
Resolution No. (&3S'I approving Tentative Subdivision
Map (CT 80-40) and Condominium Permit (CP-130).
Recommendation
If the City Council wishes to grant Zone Change 205, your
action is to introduce Ordinance No. ^S~f»"7 • If the
City Council wishes to approve Tentative Subdivision
Map (CT 80-40) and Condominium Permit (CP-130), your
action is to adopt Resolution No. (s>3£~/
Council Action:
11-4-80 Council introduced Ordinance No. 9567 and adopted Resolution 6351.
11-18-80 Council adopted Ordinance No. 9567.
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ORDINANCE NO. 9567
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING THE ZONING MAP TO GRANT A
CHANGE OF ZONE (ZC-205) FROM R-3 TO
R-P-Q ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF CHESTNUT
AVENUE AND PIO PICO DRIVE. APPLICANT:
FREEHOF.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal
Code is amended by the amendment of the zoning map to
grant a change of zone (ZC-205) from R-3 to R-P-Q on
property as shown on map marked ZC-205, Exhibit A, attached
hereto and made a part hereof. -
EFFECTIVE DATE: This ordinance shall be effective
thirty days 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 days after its adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the 4th day of November , 1980
and thereafter
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PASSED AND ADOPTED at a meeting of said City Council
held on the 18th day of November , 1980, by the
following vote, to wit:
AYES: Council Members Packard, Anear, Lewis, Casler and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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EXHIBIT "A TO CITY COUNCIL ORDINANCE NO. _J567_
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RESOLUTION NO. 6351
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 80-40) FOR A 10-UNIT CONDOMINIUM
PROFESSIONAL OFFICE PROJECT AND APPROVING
CONDOMINIUM PERMIT (CP-130) FOR SAID PROJECT
ON PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF PIO PICO AND CHESTMDT
AVENUE. APPLICANT; FREEHQF.
WHEREAS, on October 8, 1980, the Carlsbad Planning
Commission adopted Resolution No. 1710 recommending to the
City Council that Tentative Subdivision Map (CT 80-40) and
Condominium Permit (CP-130) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 28, 1980, held a public hearing to consider the
recommendations of the Planning Commission and to receive
all recommendations and hear all persons interested in; or
opposed to Tentative Subdivision Map (CT 80-40) and Condominium
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Permit (CP-130); and
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WHEREAS, said Tentative Subdivision Map and Condominium
Permit have been delcared to have a nonsignificant impact on
the environment and a Negative Declaration has been prepared
and filed in compliance with the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1980;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1710 constitute the findings of the City Council
in this matter.
C. That said Tentative Subdivision Map, together with
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the provisions for its design and improvement and subject to
the conditions of this resolution, is consistent with all
applicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 80-40) and
Condominium Permit (CP-130) are hereby approved subject to
all applicable requirements of the Carlsbad Municipal Code
and to the satisfaction of the conditions contained in Planning
Commission Resolution No. 1710, dated October 8, 1980, marked
Exhibit A, attached hereto and made a part hereof, and subject
to the following additional condition which has been added to
Resolution No. 1710:
"14) This approval shall become effective when ZC-205,
Ordinance No. 9567 i rezoning the subject
property, becomes effective. Any work done by the
developer in furtherance of the project prior to
that time is at his own risk."
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on .the
4th ^aY °f Nnvpmhpr » 1980 by • the following vote, to
wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT : None
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^J^<r>^&s^^&^^<^^'RONALD c. PACKARD, Mayor
ATTEST:
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ALETHA L. RAUTENKRANZ , City Clerk)
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(SEAL)
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. EXHJpTT A TO CITY COUNCIL RESO^TTION NO. 6351
PLANNING COMMISSION UESOLUra^ NO. 1710
A RESOLUTION OF THE PLANNING COMMISSION OF
• • THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
•APPROVAL OF A 10 UNIT AIR. SPACE TENTATIVE TRACT
MAP .AND OFFICE CONDOMINIUM PERMIT ON PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF PIO PICO AND
CHESTNUT AVENUE. *
• . APPLICANT: FREEHOF
' CASE NO: CT 80-40/CP-130 ' ./ ' ' "'
• WHEREAS, a verified application for certain property to,
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wit: . . •'•••'" . " •
Portion of Lots 12 and 13 in Block "C" of the Resubdlvision
of a portion of Alles Avocado Acres, Map No. 2027
has been filed with the City of Carlsbad, and referred to tiie
Planning Commission; and • • . • . . " . *
WHEREAS, said verified application constitutes a request as*"
provided by Title 21 of the Carlsbad Municipal Code; and - ' -
WHEREAS, the Planning Commission did, on the 8th day of
October, 1980> hold a duly noticed public hearing as prescribed
by taw to consider sai.d request; and '-'..-
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V7HEREAS, at said public hearing, upon hearing and considering
all testj.mony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to tlie
Tentative Tract Map and Condominium Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Comm.is'siori cis follows: • . '*
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends-AJ^RO^Al., of CT 80-40/CP-130, based
on the following findings and subject to the following
conditions: •
Findings
1) The proposed tentative map ic'consistent with the Lane! Una
Klcmcnt of the General Plan.
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Policies and Ordinances since:
11 a) The Planning Commission has, by inclusion of an
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2) The project, as conditioned, will liSvc adequate street
improvements, dedications and access to serve the subject
project. • " .
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3) The site is physically suitable in size and shape for the
.proposed development since sufficient public improvements
and adequate amenities necessary to serve all lots are
provided without the need for excessive modification to
the site. •' • . .;
4) The project will not cause any significant adverse environ-
mental impacts and the Planning Director has issued a
Conditional Negative Declaration (Log No. 698, dated 5/8/80}
5) The design of the subdivision will not cause any serious
health problems since the project meets all public health
requirements. "
appropriate condition to this Tentative Subdivision
Map, insured that the final map will not be approved
unless the City Council finds that sewer service is
available to serve the projects In addition, the
-" Planning Commission has added a condition that a note
• shall be placed on the final map that building permits
inay not be 'issued for this project unless the City
Engineer determines that sewer service is available.
Since the final map cannot be approved and building
permits cannot be issued unless sewer servii^e remains
available, the Planning*Commission is satisfied that
the requirements of the Public Facilities Element of
. .t the General Plan have been met insofar as they apply
to sewer service for this project.
7) The project meets all development standards and design
criteria of the condominium ordinance relative to a non-
residential condominium project.
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Conditions
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1) ' Approval is granted for CT 80-40, as shown on Exhibit "F",
dated 9/19/&6, on file in the Planning Department and
incorporated by reference. Development shall occur sub-
stantially as shovjn on these exhibits unless otherwise noted
in these conditions. -- • .
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2) This subdivision is approved upon the express condition that
the final rnnp shall not be approved unle.c;s the City Council
.finds an of the time of such approval that sewer service is
available to serve the subdivision.
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3) This project is approved upon 'tlie express condition
that the applicant shall pay a public facilities fee as
required by City Council Policy No. 17, dated August
• 29, 1979, on file with the City Clerk and incorporated
herein by reference, and according to the agreement
.executed by the applicant' for payment of said fee a
copy of that agreement dated 2/27/80, is on file with
the City Clerk and is incorporated herein by reference.
If said fee is not paid as promised, this application
will not be consistent with the General Plan and approval
4) -The applicant shall prepare a reproducible mylar of the
•'final condominium site plan incorporating the conditions
contained herein. Said site plan shall be submitted to
and approved by the Planning Department prior to the
issuance of building permits. _ • ;
5) The applicant shall establish an owners association with
; corresponding covenants, conditions, and restrictions
to ensure maintenance of the common areas. Said CC&R'S
shall be submitted to and approved by the Planning
Department prior to final map approval.
6) In order to provide for fire protection during the
construction period, the applicant shall maintain:,,
passable vehicular access to all buildings. In-addition,
adequate fire hydrants with required fire flows shall
be installed on and off site as required by the- Fire
Department. . • •
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7) The applicant shall install street trees to city spec-
ifications at "40 foot intervals along all public street
" .frontages prior to final occupancy of any building.
The variety of said trees shall be subject to the
approval of the Paries and Recreation Department.
8) All land and/or easements required by this subdivision shall
be granted to the city, without cost to the city, free of
OT i all liens and encumbrances.
9} The developer shall receive the-approval of the City
Engineer for a site grading plan and obtain a-grading
permit prior to issuance of building permits.
.10) Drainage improvements shall .be constructed in- nccordeuicc
with an approved plan, and the work shall be coordinated
with the overall plan for grading to the satisfaction
of the City Engineer.
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11) Tho applicant shall construct a concrete sidewalk on Pio Pico
r>y Drive to city standards prior to the final occupancy of any
buildings,
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12) The applicant shall construct a wheelchair rarap on the corner
of the subject property prior to the final occupancy of-any
buildings.
13) Medical and dental uses are specifically not allowed in this
professional office complex.
PASSED, APPROVED AND ADOPTED at a-regular meeting of the
lanning Commission of the City of Carlsbad, California, held on
the S.th day of October, 1980, by the following vote, to wit:
AYES: Commissioner Schick, Larson, Rombotis, Marcus and
Jose.
NOES: None. . '. * »
ABSENT: Commissioner. Leeds and Friestedt.. .'
. ABSTAIN: None. •
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EDWIN S..' SCHICK, JR., Chairman
CARLSBAD PLANMIHG COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION