Loading...
HomeMy WebLinkAbout1975-03-19; City Council; 9419; Azalea, Inc. (E/ECR - Haymar & Marron) shopping center SP1 2 3 4 5 6 7 a 9 10 11 12 13 5 20 21 22 23 24 25 26 27 28 go ORDINANCE NO. 941 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO SPECIFIC PLAN (SP-146A) TO ALLOW THE KELLY-KURLANDER-VANDERBERG SHOPPING CENTER PROJECT TO BE CONSTRUCTED IN FIVE PHASES ON PROPERTY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN HAYMAR DRIVE AND MARRON ROAD. APPLICANT: AZALEA, IMC. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: A Specific Plan (SP-146A) is hereby adopted to allow the Kelly-Kurlander-Vanderberg Shopping Center project to be constructed in five phases on property located on the east side of El Camino Real between Haymar Drive and Marron Road, more particularly described as: Parcels 1 and 2 of Parcel Map No. 487 as shown on map recorded at Page 487 of Parcel Maps, records of San Diego County, State of California. Also, a portion of Lot 4, fraction Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, said plan to consist of a plot plan marked Exhibit D, dated January 21, 1975, and an application with attachments on file in the office of the City Planning Department and incorporated by reference herein, subject to all terms and conditions of this ordinance. SECTION 2: Findings. The approval of Specific Plan (SP-146A) is justified by the following findings: 1. The proposed phasing meets all policy and ordinance requirements of the City of Carlsbad. 1 2 1 c1 4 5 6 7 e 9 IC 11 12 12 0 2c 21 22 23 24 25 26 27 28 29 2. The approved Specif proposed phasing will not adversely affect the c Plan, and is in accord with the General Plan. SECTION 3: Development Conditions. The Specific Plan (SP-146A) is approved subject to the following conditions and restrictions and the development of the property, as described in Section 1 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limita- tions and restrictions of all municipal ordinances and state and federal laws now in force or which may hereafter be in force: 1. The Specific Plans are granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A, dated October 23, 1973, except or unless indicated other- wise herein. 2. Prior to the issuance of any permits, a parcel map outlining parcels shall be submitted to the City of Carlsbad for consideration and approval. 3. Prior to the issuance of any permits, abandonment proceedings shall be completed on Osuna Drive or an encroachment permit must be obtained. The encorachment permit shall be temporary in nature only and may be utilized only in conjunction with vacation proceedings and pending their completion. 4. Except for approved accesses, all vehicular access rights to public streets should be dedicated to the City of Carlsbad as a part of the consideration of any parcel map. 5. The developer shall be required to install in a manner acceptable to the City Engineer any necessary improvement to provide for protection from potential flood ing, including a desilting basin at the beginning of con- struction, or thereafter as required by the City Engineer. 6. Storm drains shall be constructed in a manner acceptable to the City Engineer in conformance with the City's master drainage plan. 7. Water main shall be extended along Haymar Drive as required by the City Engineer. 2. 8. No development shall occur until sewer capacity is available in the Vista trunk line or other provision acceptable to the City Engineer is made to provide sewer to the subject property. 9. Upon availability of sewer capacity, the developer shall install a sewer line to serve the subject property which shall be compatible with the City's Master Sewer Study for the area and does conform to City standards. 10. Haymar Drive shall be dedicated and improved to City standards on the basis of a 40-foot curb-to-curb street section. 11. Marron Road shall be dedicated and improved to City standards on the basis of an 84-foot right-of-way width for the full frontage of the subject property. 12. The developer shall participate in the construc- tion and/or revision of the traffic signal system on El Camino Real to accommodate the subject development. 13. Unless the construction of the structure or fac- ility 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. 14. Any minor change may be approved by the Planning Director. Any substantial change will require the filing ... ... ... ... ... ... ... ... ... ... 3. of an application for an amendment to be considered by the Planning Commission. 15. 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. 16. No signs or advertising of any type whatsoever shall be erected or installed until plans therefor have been approved by the City of Carlsbad. Prior to issuance of any permits for signs, a sign program for the total development shall be submitted to the Planning Commission for consideration and approval. Said sign program shall conform to the City's sign Limitations in effect at the time of development. Said development for sign purposes shall be considered a single development. 17. All areas shown as parking areas shall be sur- faced with asphaltic concrete and shall be visibly marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be completed prior to final inspection of the structure or structures by the Building Department. The surface shall be kept in a reasonably good state of repair at all times. Parking for the total development shall be provided on the basis of a minimum of one parking space for each 400 square feet of gross floor area. 18. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secre- tary of the Planning Commission written acceptance of the conditions stated herein. 19. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise speci- fied, prior to obtaining a final building inspection clearance. Deviation from this requirement shall be per- mitted only by written consent of the Planning Director. 2Q. 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. 22. The lighting of all signsshall be accomplished in such a manner that there shall be no reflection on adja- cent property owners or hazardous to motorists. 22. Incombustible trash enclosure to serve each phase of the development shall be provided of a size and 4. 1 2 3 4 5 6 7 a 9 10 11 1% 12 2c 21 26 2: 211 2: 2t 2'; 21 t V OC and location acceptable to the Planning Director, and said area shall be enclosed with a fence and/or wall of sufficient height to adequately shield the area. Said landscaping shall be provided in the following manner: (a) A perimeter planter of a size of 10 feet wide shall be provided,except for approved openings, adjacent to all public streets e (b) A minimum of 5% of the total parking areas shall be landscaped. Said areas shall be so located as to break up the massive expanse of paved area. (c) The sum of all the landscape areas shall not be less than 15% of the total net land area. (d) Concrete curbing shall be provided for plant- ers located in parking areas. 23. Prior to final building inspection clearance for each phase, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 24. All utilities,including electrical, telephone and cable television, shall be installed underground and/oi shall be completely concealed from view. 25. All public improvements shall be made in conform- ity with the City of Carlsbad Engineering Design Criteria and other City standards, and the Subdivision Ordinance to the satisfaction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encum- brances. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 26. The architecture of the development shall be of the Hispanic character as established in the scenic corri- dor along El Camino Real. Building elevations shall be submitted to the Planning Commission for consideration and comment prior to any development. 27. Phasing of SP-14GIshall be according to those phases numbered A through E as shown on the plot plan labelled Exhibit D, dated January 21, 1975, on file in the Planning Department. 28. The public improvements for SP-14ashall be provided with the respective phases as follows: 5. Phase A: (a) of-way ta allow vacation before expiration of temporary encroachment permit. Initiate street vacation of Osuna Drive right- (b) Construct complete storm drain from Marron Road to downstream connection to existing drain, subject to approval of City Engineer, and dedicate easements from same. (c) Construct complete public improvements (including curb, gutter, sidewalk, any additional fire hydrants and mission bell street lights) along entire El Camino Real frontage. water, required for ultimate development and dedicate easements for same through Phase A. (d) Extend all utilities, including sewer and (e) Construct public improvements at Marron Road entrance. (f) Waiver direct access rights to El Camino Real and Marron Road except at entrances shown. Phase B: (a) Construct complete public improvements along entire Marron Road and Haymar Drive frontage. Access to Haymar Drive from El Camino Real shall be right turn-in and right turn-out only. (b) Construct all water and sewer lines and dedicate easements for same. improvements across from Phase B access to El Camino Real to integrate traffic movements across and onto El Camino Real. Such work shall include rechannelization, restrip- ping, signal and utility relocation as approved by the City Engineer. right turn-in and right turn-out only. (c) Redesign and revise existing intersection (d) Convert Phase A access to El Camino Real to Phases C, D and E: (a) Construct additional fire hydrants as re- quired by the Fire Marshal. 6. 1 2 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 29 SECTION 4: Administration and Enforcement. The Building D partment shall not approve any building for occupancy until the Planning Director has certified that all the conditions of this ordinance have been satisfied. 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 adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 4th day of March 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 19th day of March , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and NOES: None Counci 1 woman Cas1 er ABSENT: None ;/fd&Le* ROBERT C. FRAZ@E, Rayor ATTEST : (SEAL) 7.