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HomeMy WebLinkAbout1982-06-01; City Council; 9618; Elm Properties garden office project SP1 2 3 4 5 6 7 8 9 10 11 12 c1 0 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN (SP-182) FOR A GARDEN OFFICE PROJECT ON APPROXIMATELY 8 ACRES TO BE KNOWN AS ELM GARDEN OFFICES GENERALLY LOCATED ON THE NORTH EAST CORNER OF EL CAMINO REAL AND ELM AVENUE APPLICANT: ELM PROPERTIES CASE NO. SP-182. WHEREAS, The Planning Commission did on the 14th day of March, 1982 and the 14th day of April, 1982 hold duly noticed public hearings as prescribed by law to consider a request by Elm Properties to approve a Specific Plan (SP-182) for an 8 acre garden office project; and WHEREAS, at the conclusion of said hearing, the Planning Commission adopted Resolution No. 1933 recommending approval of said Specific Plan, which Resolution is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the Planning Director has determined that this project will not have a significant adverse impact on the 1 environment and has issued a negative declaration on January 21, ~ . 1982; and 1 WHEREAS, the City Council of the City of Carlsbad did hold a duly noticed public hearing on May 4, 1982 and after hearing and considering the testimony and arguments of any or all persons desiring to be heard, made the following finding: 1. That the findings made by the Planning Commission I I in Resolution No. 1933 constitute the findings of the City Council in this matter. ~ NOW, THEREFORE, the City Council of the City of I Carlsbad does ordain as follows: I t' SECTION 1: That the Specific Plan (Sa-182) entitled Elm Garden Office Specific Plan, dated April 20, 1982, on file with the City Clerk and incorporated herein by this reference, is approved subject to the conditions imposed by the Planning Commission in Resolution No. 1933 which is Exhibit A to this Ordinance. SECTION 2: The Specific Plan (SP-182) approved by this Ordinance indicate acceptance by the City Council of the general framework for development of the subject property and of the development standards contained in said plans. Said plans are subject to future amendment by the City as part of the City's ongoing planning process. SECTION 3: Development plans for specific sites within the specific plan boundaries shall be subject to the requirements and standards established by the Specific Plan approved by this Ordinance and shall be further evaluated in accord with municipal ordinances in force at the time the plans are before the City Council or other City decision-making body for final approval. Approval of Specific Plan-182 does not constitute a guarantee that individual developments within the area covered by the plan will be approved or that the availability of public facilities and services will necessarily coincide with the developer's timetable for construction of the phasing plan contained in the approved and certified Specific Plan. Availability of public facilities for projects subject to the approved Specific Plan will be evaluated on a project-by- project basis. 2. 8 9 10 11 d c 0 18 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 18th day of %Y , 1982 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 1st day of June , 1982 by the following vote, to wit: AYES : Council Menhers Packard, Casler, hear, Lds and Kulchin NOES: None ABSENT: None pd/L&d RONALD C. PACKARD, Mayor ATTEST: ( SEAL) 3. 7 .. "I '1 2 3 4 5 6 7 & E l( 1: 2: JI 11 3 1 1 a 1 2 2 2 2 2 2 E -. r K f IBIT A INANCE NO. 9618 . SF-182 PLANNING COMMISSION RESOLUTION NO 1333 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDI3G APPROVAL OF SPECIFIC PLAN SF-182, FOR A 7 ACRE OZFFICE AREA GENERALLY LOCATED 011 THE NORTHEAST CORNER OF EL CRMINO REAL AND ELI4 AVENUE APPLICANT: ELM PROPERTIES - CASE NO: SP-182 WHEREAS, a verified application for certain property, to wit: Parcel 1 of Parcel Map 7990, and other portions of Lot J of Rancho Agua Kedionda, according to partitior, map thereof No. 823 - Rancho Aqua Hediorda filed in the office of the County Recorder of San Diego Countyf November 16p 4886. las been filed,with the City of Carlsbad, and referred to tbe 'laming Commission; and WHEREASp said verified application constitutes a request as rrovided by Title 21 of the Carlsbad Municipal Code; artd JEIEREASr the Planning Comnission \ did, on the 24th day of 1982, and the 14th day of April, 1982, held duly noticed public learings as prescribed by lawp to consider said request; and WHEREAS, at said public hearing, upon hearing and considering 313 testimony and arguments, if any, of all persons desiring to be ieardc said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That. the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Ccmmission recommends that khc City Council APPROVE SP-182, based on the following findings and conditions: ///I ///I //// 7, , ~. .. - . . . . . . -.. . . .. .~ . . .. b 2 3 4 5 6 7 8 Y JO 13. 12 23 14 3.5 I6 2.7 22 24 25 26 27 20 ? i nd ing s : 1) This project as conditioned will not create any significant impacts on the environment and la Negative Declzration was issued by the Planning Director on January 21, 1982 and approved by the Planning Commission on April td, 1982, 2) The uses proposed in the Specific Plan are conFatible with surrounding properties and surrounding land use. 3) The Specific Plan is consistent with the Carlsbad General Plan and with Sections 65451 and 65452 of the Coverninent C2de which regulate the use of Specific Plans. is compatible with the standards and uses described in that zone. 4) The Specific Pian properly implements the RP Zone because it Zonditions: Approval is granted €or SP-182, as shown on Ex:?ibit ''A'*r dzted March 24, 1382, incorporated by reference and on file in t.22 Planning Department, Development shall occur substankialiy as sham unless otherwise noted in these conditions e This project is approved upon the express condition that building permits will not be issued for developent .of the su.bjecf; property unless the City Engineer determines that sewer facilities are available at the time of applicaticn for such sewer permits and will continue to be availaSle until time of occupancy, This note shall be placed on the final map . This project is approved uyon 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 of that agreement dated Septemb5-r 25, 1980, 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 Fan and approval for this project shall be void. This approval shall become null and void if building permits are not issued for this project within two years from the eate of pro jeck approval .- Approval of this request shall not excuse compliaricc with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. //i/ PC RESO NO. 1933 -2- '1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 37 18 3.9 2c 21 2% 2: 24 25 26 27 28 a The applicant shall prepare a reproducible mylar of the final land use plan incorporating the conditions contained herein. Said site ?1an shall be submitted to and approved by the Planning Director prior to the, issuance of building permits. All parking lot trees as shown on said landscape plan shall be a minimum of 15 gallons in size, All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, Trash receptacle areas shall be enclosed by a 6 foot higt: masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning DirectGr e Approval of SP-182 does not guarantee approval of any future permits, licenses or other required actions which nay be necessary for the development of this site. Specific Plan 182 is approved for one parcel. Any further subdivision of this property will require the filing of appropriate applications pursuant to Title 20 (Subdivision) of the fblunicipal Code and the filing of a new specific plan. The "Residential Uses" section of SP-182 (page 2) shall be reworded as f oLlows : The subjecg property has a General Plan Combination District which includes the Residential Medium Density (RMJ and the Professional and Related Comxercial (0) categories. Residential uses are permitted on the property by both the General Plan and by the Residential Professional (R-P) zone, This specific plan, as approved does not provide for residential uses on the subject property, Any proposed development of residential uses 01-1 this property shall necessitate a major amendment to this specific plan, The section titled "Traffic Signals" on page 4 shall be deleted from the specific plan, Number 6 listed under permitted uses on page 3 shall be amended to read as follows: 6) ' Investment agencies, and services, including finaiicial institutions (subject to land use plan) PC RESO NO, 1933 -3- .. .. . . . . . . ..-.& I" 'd . 1 2 3 4 5 6 7 8 '9 10 2.1 I. 2 33 14 15 2-6 17 3x3 19 20 22. 22 23 2% 25 26 27 28 0 Paragraph.2 on page 6 should be amended as follows: A comprehensive landscape plan for the entire site shall be submitted for Planning Director approval prior to the issuance of any building permits, The Planning Director shall respond in writing as to the completeness of the proposed landscape plan which shall at a minimum, include the following criteria: The section titled "Permitted Uses" on page 2 shall be amended to replace the first sentence with the following: This specific plan determines land use for the site and serves to implement the combination general plan designation1 of ''0'' and "RN" and the zoning classification of "R-P". The permitted uses. and development standards specified by this plan are more restrictive than the R-P zone; therefore the provisions of this plan shall take precedence over the provisions or' the underlying zone, The provisions of the R-I? zone shall apply to subjects not addressed in this plan, Subject to the site plan the following uses shall be permitted: Engineering Sr ad i ng Ill.lly The developer shall obtain a grading permit prior to the commencment of any clearing or grading of the site, The grading for this project is defined as "regular grading" by Section 11,06,?70(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures, The developer shall also submit soilsl geologic or compaction reports if required. and shall comply with all provisions of Chapter 11 -06 of'the Carlsbad Municipal Code, Ha Grading shall occur outside the Limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. Direct access rights for all lots abutting El Camino Real and Elm Avenue shall be waived by deed to the city prior to the issuance of any building permits. This condition excludes access points shown on the approved specific plan. The developer shall bond to instal.1 a raised medium on Elm Avenue extending from SJ. Camino Real. to 20 feet east of the easterly property line of the subject property at such time the City Engineer feels that said median is necessaSx. The median shall be constructed to the satisEaction of t e City Engineer, II 2c 23 22 2: 24 OF k k 26 23 2E The developer shail be responsible for any improvements necessary to bring El Camino Real and Elm Avenue into confor"ce with the city's standards for arterial streets to the satisfaction of the City Engineer. All improvements shall be installed prior to the occupancy of any buildings, The driveway on Elm Avenue shall be designed for adequate sight distance to the satisfaction of the City Engineer. This may require some regrading of the existing slope adjacent to the driveway and/or a retaining wall. All cut and fill slopes shall be revegetated immediately after grading to control erosion. Access to Hosp Way shall be completed to the satisfaction of the City Engineer prior to the occupancy of the last building in the development, Public Improvements 26) The developer shal-1 install street lights along all pblic and private street Erontages in conformance with City of Carlsbad St.andalrds 27) The developer shall install street trees at the equivalent or' 40-foot intervals along all public street frontages.in conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List. 28) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings * 29) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. //// //// ///I //// //// //// //// PC RESO NO. 1923 1 2 3 4 5 6 7 8 '9 10 11 12 13 3.4 15 2-6 17 If 1s 2c 21 24 2: 2t 2 ii 2E 'lanning :he 14th ITTEST: PASSED, APPROVED AND ADOPTE5 at a regular meeting of the Commission of the city of Carlsbad, California, held cn day of April, 1982, by the following vote, to wit: AYES: NOES: ABSENT : ABSTAIN : JAXES C HRGAIiiAN Secretary :ARLSBAD PLPS'N ING COMMI SS ION -- VERNON J, FAflROW, Jii.c Chairmar: . CARLSBAD PLANNING COIrlMISSION ?C RESO NO. 1933 -6-