HomeMy WebLinkAbout1982-06-01; City Council; 9618; Elm Properties garden office project SP1
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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
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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
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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.
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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)
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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
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? 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.
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PC RESO NO. 1933 -2-
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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-
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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
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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.
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PC RESO NO. 1923
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'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-