HomeMy WebLinkAbout1973-10-16; City Council; Resolution 32414
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RESOLUTION NO. 3241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION AND ADOPTING SPECIFIC PLAN (SP- 126) TO ALLOW CONSTRUCTION OF A TWO-STORY COMPLEX TO BE USED FOR COMMERCIAL AND PROFESSIONAL ACTIVITIES, ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF PI0 PIC0 DRIVE AND ELM AVENUE, TO BE KNOWN AS THE COLONIAL MALL. APPLICANT: ROBERT L. WATSON.
WHEREAS, on September 25, 1973, a duly advertised Public
Hearing was held before the Carlsbad City Planning Commission
in the manner prescribed by law to consider the adoption of
Specific Plan (SP-126) to allow for construction of a two-story
complex to be used for commercial and professional activities,
on property generally located at the southeast corner of the
intersection of Pi0 Pic0 Drive and Elm Avenue, more particular11
described as:
That portion of Lots 17 to 24, inclusive, in Block 86 of the Town of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888: TOGETHER with a portion of Tract 115 of the Town of Carlsbad, County of San Diego, State of Cali- fornia, according to map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894.
WHEREAS, at the conclusion of said hearing said Commission
adopted Resolution No. 966 which is herewith referred to and
made a part hereof recommending approval of said plan; and
WHEREAS, on October 16, 1973, the City Council held a duly
advertised public hearing and received all recommendations and
heard all persons interested in or opposed to the proposed
Specific Plan; and
WHEREAS , sai d appl i cation has compl ied wi th the requi rements
of the "City of Carlsbad Environmental Protection Ordinance of
1972" and the Planning Director has determined that the project
will not have any significant effect on the environment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
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A. That the above recitations are true and correct.
B. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 966 constitute the
findings of the City Council.
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.
D. That Specific Plan (SP-126) recommended by Planning
Commission Resolution No. 966 is hereby approved subject to the
following conditions:
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1. The Specific Plan is granted for the land as de- scribed in the application and any attachments thereto, as shown on the plot plan submitted, labeled Exhibit "A"
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 there- after, this approval will automatically become null and void.
3. 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.
4. No signs or advertising of any type whatsoever shall be erected or installed until plans therefor have been approved by the City of Carlsbad. The subject applica- tion shall not be considered as a freeway-oriented facility,
5. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secretary
of the Planning Commissionwritten acceptance of the conditions stated herein.
6. 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.
7. 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.
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8. All lighting shall be arranged to reflect away from adjoining properties and streets.
9. An incombustible trash enclosure shall be provided of a size and location acceptable to the Planning
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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.
10. Interior landscaping of parking areas shall be pri vided in a manner acceptable to the Planning Director. Said minimum area of landscaping shall be equivalent to 3% of the area of the lot, excluding required perimeter 1 andscapi ng.
11. The detailed landscape and sprinkler plan pre- pared 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 shal at all times be maintained in a manner acceptable to the Planning Director.
13. Full street improvements shall be installed along Pi0 Pico.
14. A parcel map shall the State Map Act.
15. The building shall utility service.
16. A grading plan sha
be recorded in accordance with
be provided with underground
1 be submitted and approved by the City prior to the issuance of any building permits
17. A six-foot high view-obscuring fence shall be installed along the east and south property lines.
18. The letter dated May 29, 1973, from Colonial Mall Ltd., and signed by Robert L. Watson, that refers to proposed uses and expected tenants shall be included as a part of this specific plan with the addition to the letter of the words, "and other similar compatible uses," to be added to the list of permitted commercial uses. This plan is approved only for the uses listed in said letter as amended. The Planning Director shall be responsible for enforcing this condition.
19. Prior to the issuance of any permits, the City shall duly process the request for a General Plan Amendment.
20. Proper signing shall be installed to restrict "right-turn only" ingress and egress along Elm Avenue, if the Public Works Director determines there is a need for such a restriction.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the
City Council on the 16th day of October Y
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1973, by the following vote; to wit:
AYES: Councilmen Dunne, McComas, Chase and Frazee.
NOES: Councilman Lewis.
ABSENT: None.
ATTEST:
MAR v!&Jy@k AR T E. ADAMS, City Clerk
(Seal )
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