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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 DEPT. CA DEPT ClTY CIYY TITLE TENTATIVE TRACT PAP, CONDOMINIUM - PERMIT AND ZONE CHANGE: ZC-283/CT 83-13/CP-237: ELDER ''I I. I\ 3. 2 .w W RESOLUTION NO. 7345 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF 31 4 5 G 7 9 10 I1 12 2 g 13 If:z <2 8 0! a 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" 141 % E.. !!2 I7 15 =>5!5 gk<ro Lug$ +>u< ;,"go 26 O"_NO zo 2 1 IL: (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 2.0 2l 22 23 24 25 26 27 28 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. /// /// I I I, 1 2 3 4 5 ' 7 8 9 io 2-1 12 P ca 2 c" 13 K& g 7-x g E>=-r= ,-he0 g-J&.Q &P 141 111 z 15 ivsit: ,zg? 16 >$ 9 >% 60 -J J i >WQ zw ',=No zQ'2 3.7 98 19 20 21 22 23 24 25 26 27 28 m -.I 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 I 1 1 to wit; AYES : Council .Mmker.cj Czsle.rf Lewis, Kulchin, Chick ad P NOES: None ABSENT: Dona, I 7LL7 J e*&*. -- I MARY H. EhSLER, Mayor 1 ATTEST: 1 %J ,&(-p i;.-. /i 1 7 42 ~<.+-/&\, .A -- ALf?TI-IA L. KAUTENK-RANZ (SEAL) 2. i '; '. ; ' 1' 1 2 13 4 5. 6 7 '8 9 3.0 11 12 .- 3-3. 14 15 3.7' l6 19 2o :. IT 21 . 22 m[ 24 26 25 27 28' 0 *w 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 .. ... ,.__ 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 r 1 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 1 liB) I -' 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 .. I >L *I 3- 2 8 4 5 6 7 8 9 20 19. 12 13 3.4 2. s 16 11 X8 3.9 20 22. 22 23, e <W ?inclings: I.- 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 25 2% 27 28 f) Assurances have been given that adequate sewer for project wili be provided by the City of Carlsbad. i ' 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 i, .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 Is 3-7 0 .w ) 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 4) 1 - l8I 3-9 20 21 22 23 25 24 . zG 27 28 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 I 6) 17) is) I ,i 111// IPC mso rio. 2157 3. . . I* .., X 2 3 4 5 ' 7 a 9' lo 11 22 13 ,I4 15 '96 3-7 19 l8 20 21 22 23 34 25 *. .w 0 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 1 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, I 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. 9) P . . *. 1 2 3 4 5 6 7 8 9 i-0 ' *. 11 12 13. 14 15 3.6 3.7 : 35 19 ' 2Q 21 22 23 24 25 I. -w .e .' . ;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 22) 23) 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. ,* I 1 2 3 4 5 6 ,y 'I : ' "h c9 8 9 10 x1 12 13 ' 3.4 2.5 16 3-7 19 20 .21 22 - I7 .. -m 0 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 .' 31) 32) 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 24 25 26 27 28 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. -- 'I X 2 3 4 5 6 1 8 9 10 11 X2 13 14 15 I6 17 l8 319 20 21 22 23 24 25 26 27 28 e .w 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, . 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: .- -- ,v,'rCilAEL J a HOLZ.'lILLE% !LAND US2 PLASNING i'*!ANAGER - 1 I * I, s j PC RESO PIO- 3,157 7 . I '. j 1' 2 e *w I) 9697 ORDINANCE NO m ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORT<IA, AMENDING TITLE 21 OF THE 4 31 5 6 7 8 9 Io X' l2 Dm QLD 2 z 13 -rob $Sua d~30' 14,1 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 zwoa 16 OK20 uzo - $E 2 9979, and amended on April 2, 1582, cn file with the City ( Ii li *_Id +>UQ 4 >E ' I' .-Qo " . ' .lei l9 . 2o 'I 22 23 24 25 26 27 28 and incorporated herein by reference, and according to the agre,ment executed by the applicant for payment of said fee copy of that agreement date& June 3, 1983, is on file with City Clerk and. incorporated herein by reference. If said not paid as promised, this application wil-1 not be censisti I with the General Plan and approval for this project shall void, Said fses shall he paid based on the April 2, 1982 version of Policy Eo. 17. EFFECTIVE DATE: This ordinance shall be ef fectiv thirty days after its adoption, and th.e City Clerk shall e to the adoption of this ordinance and cause it to be publi at least once in the Carlsbad ,Journal within fifteen days its adoption. o 1 1 J 1 2 3 4' ' ' 7 8 9 20 11 12 08, 2 % 13 2' 5$% :: p5g 14 DkZC g>%!g b) 0 *- INTRODTJCED AND FIRST READ LC a regular meeting of Carlsbad City Council held on the 16th day of AuFst 1983 and thereafter i 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: I 15 ZL".O r-&WQ z 00 16 SO'S rU- i .-IJ $$%ri >c 4i 0 ?? 171 k z 7 19 20 21 22 23 24 25 26 27 28 Lfi,; + J ,* -LA' b',? , L? i&, ,w, ; (1- 2, I\ /??5 pT ,.e .- A" ALETZA L. XiUTENKRANZ; City- -- n 8- -'-I 1 I * 0 11 A ‘W . .,-4 .. zc 283 a .. . .: .. ..:-*\ t -~---A~7!LaQ,- _U__d-L- .5 .- .. i. . 6.5 of .t R-l-$(,j ‘80 FfhEUq;? . i ... ._ - *:-I: -m L9 “EYE c --__I_--- .. - 0-- i _ye 1 7l.O. 00 s F9:‘ .. ! 1 !! I .. - . 7/27