HomeMy WebLinkAbout1983-09-06; City Council; 7469-1; TENTATIVE TRACT MAP, CONDOMINIUM PERMIT AND ZONE CHANGE|ZC 283/CT 83-13/CP 237 (ELDER)M&, 9/6/83
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TITLE TENTATIVE TRACT PAP, CONDOMINIUM - PERMIT AND ZONE CHANGE:
ZC-283/CT 83-13/CP-237: ELDER
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RESOLUTION NO. 7345
A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, APPRDVING A 131 UNIT
TENTATIVE TmCT FqAP (CT 83-13) AND CONDOMINIUM
PERMIT (CP-237) ON A 6.7 ACRE PARCEL ON PIiOPERTY
MARROFJ RDAD AND AVENIDA DE ANITA.
APPLICANT: ELDER
CASE 1\30: CT 33-13/CP-237
GEKZXALLY LOCATED ON THE SOUTHEAST CORNER OF
WHEREAS, on July 27, 1983, the Carlsbad Planning
Conmission adopted. Resolution No. 21 57 recommending to the
Couricil that Tentative Tract Map (CT 83-1 3) and Condominium
Permit (CP-237) be approved; and
WHEREAS, the Citl7 Council of the City of Carlsbad,
August 16, 1983, held a public hearing to consider the
recommendations and heard all persons interested in or oppc
to Tentative Tract Xap (CT 83-13) and Coiidorniniua Pernit ' g5p cz"
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(CP-237); and
WEEREAS f said Tentative Tract I4ap and Condominium
permit; have been declared. to have a nonsignificant impact (
envi,ronment and a Negative Declaration was prepared and fil
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of Carlsbad Environmental Protection Ordinance of 1980 and
California Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED by the City Counci:
the City of Carlsbad, California as follows:
A,, That the above recitations are true an^ correi
B. That the findings of the Planning Commission
Resolution No, 2457 constitute the findj-ngs of the City Co
in this matter.
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C. That said Tentative Tract Map, together with tl
provisions for its design and improvement 2nd subject to thl
conditions of this resolution, is consistent with 211 appli
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 83-13 and Condomin
Permit CP-237 are hereby approved subject to all applicable
requirenents of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in ?laming Commis
Resolution No. 2157, dated July 27, 1983 marked Exhibit A,
attached hereto and made a pirt hereof.
PASSEDp APPROVED, AND ADOPTED at a regular meeting
the City Council of the City of Carlsbad, California on the
6th day of Septerkr I 4983 by the following x7
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to wit;
AYES : Council .Mmker.cj Czsle.rf Lewis, Kulchin, Chick ad P
NOES: None
ABSENT: Dona, I
7LL7 J e*&*. --
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MARY H. EhSLER, Mayor
1 ATTEST: 1 %J ,&(-p i;.-. /i 1 7 42 ~<.+-/&\, .A -- ALf?TI-IA L. KAUTENK-RANZ
(SEAL)
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PLANNING CONMISSION RESOLUTIOI? EO. 21 57
A RESOLUTION OF THE PLANNING COMMTSSION OF THE
CITY OF CARLSBRD , CALI FOKNIh-, RECOi4I"lEl\lDING
APPRCZVAL OF A TEMTATITJE SI.jBDIVISION NAP AND
CONDONINIUM PERHIT FOR 131 UNITS ON 6,7 ACRES ON
PROPERTY GE?'iEP,r?LLY LOCATED ON TiiE SOUTi-TEAST
APPLICANT: ELDER *
CASE NO: CT 83-1 3/CP-237
WHEREAS, a verified application for certain propert
CORNER OF PIARXON ROAD AND AVENIDA DE ANITA-
Mit:
A portion of: Lot "J" of the Rancho Agua iledionda,
accarding tt~ Man thereof No, 823, filed in the Off.
the County Recerder, November 16, 4896, and a port.
Goverrment Lot p.70. 3, Section 32, Townshi? I1 Soutl Range 4 :<est, San Bcrnardino Meridian, in the City Carlskad, County of San Diegop according to offici,
thereof I
25s been filed with the City of Car3.sbad, an,d referred to t'
planning Connission; ar?d
WBEREAS, said verified application constitutes a z
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r I s provided by Title 21 of the Carlsbad Ilunici-pal Code; ar.d
WI-?EP.EAS, the Planning Conmission did, on the 27th
f July, 1983, hold a duly noticed public hearing as prcscr
aw, to considnr said. request; and
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I WHEREAS, at said public hearing, upon hearing and
onsidering all testinorry and arguments, if any, of all pel
desiring to be heardc said Commission consi,dered all fact91
: elating to the Tentative ~ra~t Map and condominium Permit,
NOW, Y'ilEREFORE., BE IT HEREBY RESOLVED by the Plan
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Commission as follows: I
That the foregoing recitations arc true and correct.
That based on the evidence presented at the public he
thc COI~ITI~SS~O~ rcccm:ncnds - APPROVAT, ~f CT 83-7 3/CP-237 on the fol.lowing findings and sub$cct to the fol.l.owi.r:
(E) I conditions: 1
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1) The project ks consistent with the City*s general plan
the proposed density of 19.5 du's/acre is withj.n the dc
range of 10-20 du's/acre speciL'ied for the site as indj on the land use element of the general plafi.
2) The site is physically s.ciitable Eor the type and densit
the development since the site is adequate in size and to accommodate residential development at the density 1
posed e
3) The project is consistent with all City public faeilitl icies sild ordinanczs since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured thal final map will not be approved unless the City Coui
finds that swer service is available to serve the project, In addition, the Planning Commission has
condition that a note shall be placed on the final that building pernits may not be issued for the pr(
unless the City Enqineer determines that sewer sery available, and building cannot occar within the prc unless sewer service remains available, and the PI< Commission is satisfied that the requirements of tl public facilities elener?t of the general plan have
mi3t iiisorar ds they apply to sewcr service for thi,
pro j e c t .)
b) The Carlsbad School District has written il letter, May 26, 1983, sLating that school facilities will
available to this project D
e) Park-in-lLeu fees are required as a condition of a
' proval,
d) Ab1 necessary public improvements have been provid will be required as conditions of approval.
e) The applicant- has agreed and is required by the in
BE an appropriate condition to pay a public facilj.
fee. Pcrforrnance of that contract and payment of will enable this body to find that public faciliti
be available concurrent with need as required by k
' general plan. z4
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f) Assurances have been given that adequate sewer for project wili be provided by the City of Carlsbad.
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4) The pmposrd project is consistent with the City's Pla
Dcvcl opmcnt Ordinance ;tnd also complies with the rlesig
Guic'lcl incs tlnnual. I
PC: RlSSO NO. 29 57 2. I ,s
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) This project will not cause any significant environment
impacts and a Conditioaal Negative Declaration has been
by the Land Use Planning Nanager on July 6, 1983 and ap by the Planning Commission on Jxly 27, 1983,
ond it ions :
1) Approval is granted for CT 83-13/CP-237, as shown on
Exhibits "A" - "II", datid July 27, 7983, incorporated t
reference and on file in the Land Use Planning Office,
otherwise noted in these conditions,
D~~~eYJoy?nt shall occur ,subStantially as sho~n unh2ss
) This project is approved upon the express condition th( final mzp shall not be ap?roved unless the City Counci.
as of the time of such approval that sewer service is
available to serv2 the s&division,
3) This project is approved upon the express condition th
building pzrrnits will r,ot be issued for development of
subjeck pro2erty unless the City Engineer determines t sewer facilities are available at-_ the tine of applicat
such sexer pernits and will continue to be available c time of occupancy. This note shall be placed on the f
map c
This pro-jzct is approved upon the esgress conditior? t>
applicant shall nay a public facilities fee as re3gix
City Coi;ncil Policy No. 77, date6 April 2, icJ32, 02 fi
the City Clerk and incorporated herein by reference, i
accordizc; to the agreement executed by the a2plicant i
paymept of said €ee, a copy of that agreenentc dated L
1383, is on file with the City Clerk and incorporated
by reference. If said fee is not paid as promised, tl
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application will not he cozsis'cent with the General P
approval for this project shall be void,
5) The applicant shall 2ay park-in-lieu fees to the City to the approval of the final map as required by Chapt
of the Carlsbad Nunicipal Code,
Approval of this request shall not excuse cornpliance
sections of the Zoning Ordinance and all other applic ordinar,ces in e€fect at time of building permit issua
Water shall be proyided by the City of Carlsbad unlec
other arrangement is approved by the City Council-
The applicant-. shall prepare a reproducible mylar of 1 site plan incorporating the conditions con"lir?ed her(
site plzn shall he submitted to and approved by the 1 Planning Flsnnger prior to the issuance of building pt
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3) The applicant shall estaSlish a homeowner's associatic
' corresponding covenants, conditions and restrictions.
CC&R's shall be submitted to and approved by the Land PlanFing Flanager prior to. final map approval e
The applicant shall prepare a detailed landscape and i
tion plan which shall be submitted LO and approved by
Use Planning FIanacJer prior to the issuance of buildin5 permits.
10)
11) A 500' scale nap of the .subdivision shall be submittec
final nap, Said map shall show all lots and streets v
and adjacent to the project,
Land Use Planning Nanager prior to the recordation of
2) All parking lot trees shall be a minimum of 15 gallon;
13) All landscqed areas shall be maintained in a healthy
thriving condition, free from weeds, trash, and debri:
4) Any signs proposed for this developnent shall be desi?
conEormancn wikh the City's sign Ordinance and shall 1
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review md app317al. of the Land Use Planning Planacjer 1 installation of such signs D
A unir'orm sign program for this Zev3lopent shall ... be 5 to the Land Us? Plaixir,g Planager for his review 2nd a:
prior to occupancy of any building,
size.
'15)
16) Trash receptacle area.s shall be enclosed by a six-fooj
masonry wall with gates pursuant to City standards, :
of said receptacles shall be approved by the Land Use
Manager o
17) A11 roof aTpurtenances, i.ncluding air conditioners, SI architecturally integra';Ic:d and shielded ,from view and I
sound buffered from a2jacent propsrties and streets, ; to Buildir?g Department Policy No. 80-6, to the satisf,
Director,
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khe Land Use Planniiiy Managar and i3uilding and Planni:
8) Approva.1 of Tentative Tract No. 83-13 is granted subj
Th6'applicant shall provide an additional carport str
covering five spaces, in the southeastern portion of
project, The location of said carports shaL1 be show
final site plan and approved by the Lznd Use Planning Manager.
!
. approval of Zone Change 283.
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;ngineering .. _cI Department
0) .The developer shall obtain a grading permit prior to th commenccnent of any .clearing or grading of the site.
1) The grading for this project is defined as "regular grz
by Section 11.06.170 (a) of the Carlsbad Plunicipal Code,
developer shall submit a grading plan for approval whic
shall include all required drainzge structures and any required erosion control neasuzes D The developer shall submit soilsI geologic or conpaction reports if require
shall comply.with all ~~OV~S~GIIS of Chapter 11.06 of tk
Carlsbad Municipal Code.
No grading shall occur outside the limits of the subdil
unless a letter of pernission is obtained from the ownc
the affected properties,
A~X slopes wlkhin khis project shall be no steepex thai
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24) Marron Road shall be dedicated by the subdivider along
subdivision frontage based on a centerline to right-of
width of 42 feet and in confornance with City of Carls
Standards prior to filing of the final map,
25) All land ar,d/or easements required by this project sha granted to the City, without cost to the City, free an
..-- of all lier,s and encunbrances. c .-
26) Marron Road shall be improved by the subdivider along subdlvisicn frontage based on' a centerline to curb Eac
of 32 feet and in conformance v7ith City of Carisbac! St prior to filing the fiilal nap or, if the City Engineel
the subdivider may agree to defer iEstallztion of the ment.s to a specified time but no later than occupancy
kuildir,gs. he agreement shall be secured as provi6e:
The developer shall install sidewalks aiong all publia frontaces .in conformznce with City of Carlsbad Standa
concurrent with the street improvements.
27)
28) The developer shall install a vheelchair ramp at the
street corner abutting the subdivision in conformance City of Carisbad Standards concurrent with the street
improvements D
29) The developer shall comply with all. the rules, rerjuls
design requirements of the respective sewer and water regarding services to the project,
20 PC RESO No, 2137 5.
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0) The design of all private streets and drainage systems
approved by the City Engineer prior to approval of the
map. he structural section of all privat,e streets sh
' 'conform to City of Carls.bad Standards based on R-value
All private streets and drainage systems shall be insp
.the city, and the standard improvernenk plan check and
inspection fees shall be paid prior to approval of the
map.
All private streets and drainage systems shall be main the horceovner x s association in perpetuity. This respa
shall be clearly stated '<.n the CC&!l's,
All private driveways shall be kept clear of parked VE all tines, and shall. have posted "NO Parking/Fire Lane
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Zone" pursuant to Section 17 6 04 e 04G I Carlsbad iWnicipi
33) Approval. of this tentative tract map shall expire twer months frcm the date of City Council. approval unless E
map is recorded. An exter?sion may be requested by th: applicant. Szid extension shall he approved or deniec
discretion of the City Council. In approving an extcr
City Council nay impose new conditions and nay revise
conditions,
34) The developer shall install street trees at the equiv; 40-foot intervals along all public street frontagzs ir conformance with City of Carlsbad Stan5ar<:a, The tret
be of a vsriety selected from the approved Street Trcc
Fire Departx.ext 1) Additional pub1,i.c and/or on sit,e fire 'hydrants shall 1
6) The applicant shall submit .two (2) copies of a site p
showing locations of existing and proposed fire hydra. site roads and drives subject to the approval cf the : Marshall,
quired if deemed necessary by the Fire XarshalJ-,
37) An all weather access road shall be maintained throug
I construction.
38) All required fire hydrants, water mains and appurtena 23
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be operational prior to coxSustible build<-ng material
located on the project site.
Proposed security gate systems shall be provided with
key operated override switch, as specified by the Fir
par'iment .
40) All. private driveways shall be kept clear of parked v
' a11 tini.c?s, and shall have pos'icd "No pa-'-' I h 1 n g/F i re L il n Zone'' pursuant to Section 7 7.04.0.40 r Carlsbail rdunicip
39)
PC liI-:SO NO. 2757 6.
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1) Fire retardant roofs shall be required on all structur
(2) Brush clearance shall be maintained within c? minimum d
of 30 Eeet to each residence. *
PASSED, APPROVED AND ADOPTED at a regular meeting
lanning Commission of the City of Carlsbad, California, he
he 27th day of July, 1983, by the following vote, to wit:
. Commissioners Marcus, Rornbotis, Farrow,
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AYES :
NOES : ??one .)
ABSEKT: ChainnarL Schlehuber,
ABSTAIN: None. .
Lyttleton, Friestedt and Rawlins,
CLARENCE SCELEHUBXX, Chai
CARL S BAD 1 I, AN $1 I P.: G CO X4 I S S
j4TTEST:
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,v,'rCilAEL J a HOLZ.'lILLE%
!LAND US2 PLASNING i'*!ANAGER
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PC RESO PIO- 3,157 7 . I
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9697 ORDINANCE NO m
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORT<IA, AMENDING TITLE 21 OF THE
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CARLSBAE XUNICIPAL, CODE BY AlIENDING THE ZGNING
MAP TO GRAWT PA CHANGE OF ZONE (ZC-283) FROM
R-I--IO,OOO TO RD-M, ON 6-7 ACRES ON PROPERTY
GENERALLY LOCATED ON THE SOUTHEliST CORNER OF
MARRON RDAD AND AVENIDA DE ANITA.
APPLICANT: ELDER
CASE NO: ZC-283
The City Council of the City of Carlsbad, Californ
does ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Cod
amended by the amendment of a zoning map from R-1-10,000 tc
RD-M on property as shown on the map marked ZC-283 - Exhibi
attached hereto and made a part hereof.
SECTION 2: This project is approved upon the expr
con.di'cion that the applicai-,k shall pay a public facilities
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OK20 uzo - $E 2 9979, and amended on April 2, 1582, cn file with the City (
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and incorporated herein by reference, and according to the
agre,ment executed by the applicant for payment of said fee
copy of that agreement date& June 3, 1983, is on file with
City Clerk and. incorporated herein by reference. If said
not paid as promised, this application wil-1 not be censisti
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with the General Plan and approval for this project shall
void, Said fses shall he paid based on the April 2, 1982
version of Policy Eo. 17.
EFFECTIVE DATE: This ordinance shall be ef fectiv
thirty days after its adoption, and th.e City Clerk shall e
to the adoption of this ordinance and cause it to be publi
at least once in the Carlsbad ,Journal within fifteen days
its adoption. o
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INTRODTJCED AND FIRST READ LC a regular meeting of
Carlsbad City Council held on the 16th day of AuFst
1983 and thereafter
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PASSED AND ADOPTED at a regular meeting of said Ci
Council held on the 6th day of Sep-r , 1983 by the
following votep to wit:
AYES : Council Ires Caler, Iewk, Kulchin, Chick and P
NOES: EOiE
ABSENT: ?!3E
yf!-- lf e2ALu
MARY H. gASLER, Mayor
ATTEST:
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A" ALETZA L. XiUTENKRANZ; City- -- n 8- -'-I
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