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HomeMy WebLinkAbout1982-07-06; City Council; 7048-1; Zone change Andersonc^ CIWOF CARLSBAD - AGENDA BILL 17 ARtf 7048-1 MTQ 7/6/82 DEPT.CA TITLE: ZONE CHANGE, TENTATIVE TRACT MAP AND MOBILE HOME PARK PERMIT ZC-247/CT 81-37/MHP 81-1 - ANDERSON DEPT. HD CITY CITY RECOMMENDED ACTION: Adopt Resolution No.approving CT 81-37 and MHP 81-1 and introduce Ordinance No. 9633. i granting ZC-247 ITEM EXPLANATION; The City Council, at your meeting of June 15, 1982, directed the City Attorney to prepare the necessary documents approving a zone change (ZC-247) , a tentative tract map (CT 81-37) and mobile home park permit (MHP 81-1) . The documents are attached and if the City Council concurs your action is to introduce Ordinance No. 9^33^ and adopt Resolution No. EXHIBITS: Ordinance No. Resolution No. , granting ZC-247. , approving CT 81-37 and MHP 81-1 OUJ OC£D_ Q. O § O I ORDINANCE NO. 9632 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 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-247) FROM R-A-10,000 TO RMHP (MOBILE HOME PARK ZONE) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, 600 FEET EAST OF THE COUNTRY STORE. APPLICANT: ANDERSON CASE NO. ZC-247 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-247) from R-A-10,000 to RMHP on property as shown on the map marked ZC-247 - Exhibit A, attached hereto and made a part hereof. SECTION 2: This project is approved upon the express condition that the applicant: shall pay a public facilities fee as required by City Council Policy Mo. 17, dated August 29, 1979f and amended on April 2, 1982, 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 August 26, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Said fees shall be paid based on the April 2, 1982 version of Policy No. 17. 1 2 3 4 5 6 7 8 9 10 11 12 to i >z8 13 K< g o- " S ? 14o o =? ~ 2 H ^ £ "I Kto — ^- — J.\J 6 I 8 D 16HI Z CN «fO <E " (a7 O I/)>t 5! 17 O 19 20 21 22 23 24 25 26 27 28 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 regular meeting of the . Carlsbad City Council held on the __6th____ day of ___July ^ , 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of July , '^^L.' b¥ the following vote, to wit: AYES: Council Members Casler, Kulchin and Chick NOES: Council Member Lewis ABSENT: None ABSTAIN: Council Member Anear imYH'CASLER Mayor ATTEST: ALET'HA" L. "RA'UTENKRANZ , city ~cie#k (SEAL) 2. O fT£ T10 N\-»* Vw? * & B H *«-* " V EXHIBIT A ORDINANCE NO. 9632 -10,000 . ""H^ RA FAMILY MO -ZC24?B v' Sw' B ''"^^-t^l K r. I? '?s?i I11*"APPUCANT ...^ 70* f 1 2 3 4 5 6 7 8 9 10 11 12 3> g 1 -z «-5 I o-?si 14 §>^lii^s 15 U <r -J 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (CT 81-37) AND MOBILE HOME PARK PERMIT (MHP 81-1) FOR 20 UNITS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, 600 FEET EAST OF THE COUNTRY STORE. APPLICANT: ANDERSON CASE NO. CT 81-37/MHP 81-1. WHEREAS, on May 26, 1982, the Carlsbad Planning Commission adopted Resolution No. 1958 recommending to the City Council that Tentative Tract Map (CT 81-37) and Mobile Home Park Permit (MHP 81-1) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on June 15, 1982, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 81-37) and Mobile Home Park Permit (MHP 81-1); and WHEREAS, an Environmental Impact Report EIR 81-1 has been prepared for said Tentative Tract Map and Mobile Home Park Permit and has been certified in compliance with the requirements of the California Environmental Quality Act and 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. The the above recitations are true and correct. ,' B. That the findings of the Planning Commission in Resolution No. 1958 constitute the findings of the City Council in this matter. C. That said Tentative Tract Map, together with 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. § 1 2 3 4 5 6 7 8 9 10 11 12 CO -1 •»§ 13 g " = 1 14 2T . uj Q !5ll 15 I- ^" -, 1 CH g 8 O J-O It I 17 19 20 21 22 23 24 25 26 27 28 D. That Tentative Tract Map (CT 81-37) and Mobile Home Park Permit (MHP 81-1) 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. 1958, dated May 26, 1982, marked Exhibit A, attached hereto and made a part hereof; PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 6th day of July , 1982 by the following vote, to wit: AYES: Council Member Casler and Kulchin NOES: Council Member Lewis ABSENT: Council Member Chick ABSTAIN: Council Member Anear MARY H^/ CASLER, Mayor ATTEST : (K aAA ALETHA L. RAUTENKRANZ, Clty^Lerl (SEAL) 2. 6 PLANNING COMMISSION RESOLUTION NO. 1958 "~~ "~ """"* \~ri~ . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 20 UNIT TENTATIVE TRACT MAP AMD MOBILE HOME 'PARK PERMIT ON PROPERTY GENERALLY .LOCATED ON THE WEST SIDE OF EL CAMINO REAL, 600' EAST'OF THE COUNTRY , STORE. APPLICANT: ANDERSON CAbE NO: CT 81-37/MHP 81-1 f* * 'WHEREAS, a verified application for certain property to 8 23 24 2 26 27 28 .-^RESOLUTION N0._6929 wit: '. ' • That portion of Parcel 2 and 3 of Map 3451, County of San Diego, filed January 31, 1975 Q [has been filed with the city of Carlsbad, and referred to the •ir\.* Planning Commission; and WHEREAS, said verified application constitutes a request as 1 ?provided by Title 21 of the Carlsbad' Municipal Code; and WHEREAS, the Planning Commission did, on the 26th day of 'May, 1982,r hold a duly noticed public hearing as prescribed by law •1 5 to consider said request; and • WHEREAS, at said public 'hearing, upon hearing and- T_7 [considering all testimony and arguments, if any, of all persons jdesiring to be heard, said Commission considered all factors 1°relating to the Tentative Tract Map and Mobile Home Park Permit. PO ,' NOW,' THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-37/MIIP 8V-1, based or. the following findings and subject to the following conditions:. r* ' 'Findinqs: . . . 1) The project is consistent with the city's General Plan since the proposed density of 4 du's/acre is within the density range of 0-4'-du'u/iicKG specified for the site as indicated on the ' Land Use Element oJ: the General Plan. • ..-'•• • ' M 7 ., 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to 2" 3 icies and ordinances since 4 ' 5 6 7* 8 9 10 11 12 13 14 15 16 17 18 20 21 22 27 28 accommodate residential development at the density proposed. 3) The project is consistent with all city public facility pol- a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the .project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued .for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available,, the Planning Commission is satisfied that -the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. b) The Carlsbad Unified School District has indicated that adequate school facilities will be available for this project, .per letter dated September 18, 1981, c) Park-in-lieu fees are required as a- condition of approval. d) All necessary public improvements have been provided or will be required as conditions of approval. e) The applicant has agreed and is required by the inclusion of'an appropriate condition to pay a public facilities fee • Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 19 .f) Assurances have been given' that adequate sewer for the project will be provided by the city of Carlsbad. 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the .General Plan. 5) An Environmental Impact Report-(EIR 01-10) has been certified for this project, therefore, the Planning Commission finds 24 that this project meets all requirements of the Carlsbad Environmental Protection Ordinance. Conditions: 26 1) Approval is granted for CT 81-37/MtlP 81-1, as shown on Exhibit(s) A, B & C, dated August 31, 1901e incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. ^LI *\ 2) This project.is approved upon the express condition that the final 'map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 3 '3) This project is approved upon the express condition that 4 B sewer permits and will continue to be available until time o* occupancy. This note shall be placed on the final map. 8 9 10 11 12 13 15 16 17 18 19 20 21 2 24 25 -26 27 building permits will not be issued for development'of the subject property unless the City Engineer determines that sever facilities are available at the time of application for such 4) This project is approved upon the 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 o'f'that agreement dated August 26, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan _and approval for this project shall be void. 5) The applicant, shall pay park~in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. " | 6) Approval of this request shall not excuse' compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of .building permit issuance. PLann ing_ Dep'ar tmen t 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of .building permits. 8) The applicant-shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. |9) The applicant shall prepare a detailed landscape and irrigatioi plan which shall be submitted to and approved by the Planning j Director prior to the issuance of building permits. Said plans shall include a dense tree screen along the southern property line to screen this project from adjacent residences. llO) All landscaped areas shall be maintained, in a healthy and i thriving condition, free from weeds, trash, and debris. //// '' PC UESO NO, 1953 -3- ' - 1 2 4 stallation of such signs. u 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Location, of said receptacles shall be approved by the Planning Director. 13) All roof appurtenances, including air conditioners, shall b architecturally integrated and shielded from view and the soun buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director.8 14) The applicant shall submit a street name list consistent with9 10 11 12 14 15 16 17 18 22 23 24 25 27 28 11) Any signs proposed for this development shall be designed in conformance'with -the city's Sign Ordinance and shall require review and approval of the Planning Department prior to in- the city's street name, policy subject to the Planning Director'-s approval prior to final map approval. 15) Approval of Tentative Tract No. CT 81-37 is granted subject approval of Zone Change 247. 16) Approval of this tentative tract map shall expire twenty-four j months from t.he date of City Council approval unless a final map is recorded. An extension may be requested by the ap- plicant. Said extension shall be approved or denied at the • ' discretion of the City Council. In approving'an extension, the City Council may impose new conditions and may revise existing conditions. : 1.7) The design materials and related landscaping of the 6! block wall along El Caminq Real shall be subject to the approval of the'Planning Director prior to the issuance of a building permit. The design.suggestions stated in the Environmental Impact Report (p.24) shall be incorporated into the design. ' Department 20 i ijhe developer"shall obtain a grading permit prior to the ^ commencement of any clearing or grading of the site. (* JL 19)- The.grading of this site shall be modified pursuant to mitigation measure #3 of the Aesthetics section (p.24) of the Environmental Impact Report. A revised' grading plan shall be submitted to and approved by the City Engineer and Planning Director prior to issuance of a grading permit. 20) The grading for this project is defined as "controlled grading by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the'observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit, required reports to the City Engineer arid verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. ' PC HESO NO. 1958 -4- . • *£/ — • • -,, IvJ l» 1 21) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 3 22) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the C'ity Engi- neer. . 5 23) Direct access rights for all lots abutting El Camino Real shal 6 be waived on the final map except for one 30-foot driveway opening. Said driveway access shall be designed subject to the approval of the City Engineer. 8 24) All public streets shall be improved by the developer based on the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occupancy . of any bu-ildirigs. 10 11 If" ° 23 ?A 25 26 27 28 25) The developer shall install street lights along all public street frontages in conforraance with City of Carlsbad Standards. Lights shall have -'the "mission bell" type fixture. 26) The developer, shall bond for 1/2 the cost of the median island on El Cainino Real. The median shall be included in the improvement plans for El Camino Real. The median shall be • ' constructed upon notification by the City Engineer to do so. 27) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 20) All private streets arid drainage systems shall be maintained bv the homeowner's association in perpetuity. This respcnsibilitj/ shall be clearly stated in the CC&R's. 29) All concrete terrace drains shall be maintained by the home- owner's association (if on commonly owned property) or the individual property owner (if on an individually.owned lot) in perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's. * *. . 30) Prior to or ccncurreiit with the final map, an adjustment plat shall be filed revising the lot line between parcels 2 arid 3 of parcel map 3451 subject to the approval of the City Engineer. 31) Pursuant to the provisions of Section 20.20.050(1) of the Carlsbad Municipal Code, a parcel map may be'filed in'lieu of a final map. Whenever reference is made in these conditions to a final map, the reference shall apply also to a parcel map filed in lieu thereof. • • PC R13GO NO. 1958 -5- 10 11 13 14 15 16 17 19 20 24 .25 26 27 20 Firo 32) Additional public and/or on~site fire hydrants are required. 33) All required fire hydrants, water mains and appurtenances shal be operational prior to combustible building materials being located on the project site. 34) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Eire Department for approva prior to construction.. PASSED, APPROVED AND ADOPTED at a.regular meeting of the Planning Commission of the city of Carlsbad, California, held on t: 26th day of May,'1982, by the following vote, to wit: AYES: Chairman Farrow; Commissioners Schlehuber.. Rombotis, Friestetit, and Rawlins NOES: None ABSENT: Commissioners Marcus and Jo'se t • • ' ABSTAIN: None " • ! VERNON J. FARROW, JR., Chairman CATRLSBAD PLANNING COMMISSION ATTEST: JAHES C. HAGAMAN;/'-Secretary 'CARLSBAD PLANNING COMMISSION PC RESO NO. 1950 i.