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HomeMy WebLinkAbout1982-06-15; City Council; 9625; 12-acre commercial office area (Paseo Del Norte South & PAR) SPI 2o 21 22 23 24 25 26 27 28 ORDINANCE NO. 9625 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN (SP-184) FOR A 12 ACRE COMMERCIAL OFFICE AREA GENERALLY LOCATED ON BOTH SIDES OF PASEO DEL NORTE SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: CITY OF CARLSBAD CASE NO. SP-184. WHEREAS, The Planning Commission did on the 28th day of April, 1982 hold duly noticed public hearings as prescribed by law to consider a request by the City of Carlsbad to approve a Specific Plan (SP-184) for a 12 acre commercial office area, said plan is attached hereto as Exhibit A and made a part hereof; and WHEREAS, at the conclusion of said hearing, the Planning Commission adopted Resolution No. 1926 recommending approval of said Specific Plan, which Resolution is attached hereto as Exhibit R and made a part hereof; and WHEREAS, the Planning Director has determined that this project will not have a significant adverse impact on the environment and has issued a negative declaration on February 23, 1982 which was approved by the Planning Commission on April 28, 1982; and WHEREAS, The City Council of the City of Carlsbad did hold a duly noticed public hearing on May 18, 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 in Resolution No. 1926 constitute the findings of the City Council in this matter. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: //I 5/ ~ 1 1 21 22 23 24 25 26 27 28 ~ as Exhibit A is approved subject to the conditions imposed by the I Planning Commission in Resolution No. 1926 which is Exhibit €3 to this Ordinance. SECTION 2: The Specific Plan (SP-184) 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-184 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. 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 1st day of June 3 1982 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of June , 1982 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None /-v RONALD C. PACRARD, Mayor ATTEST: 3. 7 e EXHIBIT A ORDINANCE NO. 9625 SPECIFIC PLAN - 184 I. PURPOSE AND LOCATION The purpose of this Specific Plan is to provide a compre- hensive development plan for the area along Paseo del Norte, south of Palomar Airport Road as shown on figure 1. This plan is to ensure that development of this area takes into consideration adjacent and neighboring properties, existing developments, and future development. This Specific Plan is intended to be a tool to implement the goals and policies of the Carlsbad General Plan. This plan is primarily intended to provide a set of development stan- dards and does not provide a guarantee of approval for any future discretionary acts or projects within its bound- aries. This Specific Plan is adopted pursuant to the provisions of California Government Code Sections 65450 et.seq. and of the Land Use Element of the city of Carlsbad General Plan. A Specific Plan is required for this area pursuant to page 32(12) of the Land Use Element which requires the use of a specific plan in conjunction with the Combination District. 11. GENERAL PLAN AND ZONING DESIGNATIONS The site is designated in the Land Use Element of the city's General Plan as a combination district which includes the Travel Service Commercial (TS) and Professional and Related Commercial (0) categories. The intent of the Travel Service (TS) category is to provide uses which are oriented toward the traveling public (i.e., hotels, motels, restaurants, service stations, etc). The intent of the Professional and Related Commercial (0) category in this area is to provide office type uses and to reduce the overall impact of a straight commercial designation. This specific plan determines land use for the site and serves to implement the combination general plan designation of "0" and TS. This specific plan is pursuant to Sections 65451 and 65452 of the government code. Therefore, the provisions of this plan shall take precedence over the provisions of any underlying zones. The provisions of underlying zoning shall apply to subjects not addressed in this plan. This particular specific plan does not provide for specific land uses at specific locations within it's boundaries. Rowever, the Planning Commission and City Council should look at the appropriateness of a use (travel or office) at a specific location as a criteria for approval. The specific plan area is zoned Residential Professional (RP) which is designed to implement the Professional and Related Commercial general plan designation, the major land use category. 111. GENERAL DEVELOPMENT CONCEPT The specific plan area will be a comprehensively planned office/travel oriented commercial and type development. The area will feature extensive landscaping, including streetside berming and garden-type offices; sign controls and flexible development standards. IV. CIRCULATION It is anticipated that access to the specific plan properties will be from Paseo del Norte, a secondary arterial, and that industrial property to the east will be served from Palomar Airport Road. It may be found however, that if all of parcel 211-040-12 (as shown on figure one) is developed under one plan, access to Paseo del Norte could be provided if necessary. V. PERMITTED USES Category 1 - Office oriented uses. These uses are permitted anywhere in the specific plan boundaries. (10) Administrative and executive offices; Accountants and attorneys; Clinic, medical and dental, including incidental labor- atories and pharmacies; Engineers, architects and planners; Insurance agencies and services; Investment agencies and services, including financial institutions; Labor union offices; Libraries; Medical offices and clinics, including incidental mortuaries; Offices, business and professional, including inci- dental commercial facilities such as blueprint and photocopy shops, business machine sales, computer and data processing centers, news stores, duplicating and mimeographing services and tobacco shops; -2- Public building other than schools; Administrative offices for publishing houses and news- papers; Real estate and related services; Schools, business, vocational and professional, includ- ing art, barber, beauty, dance, drama, music and swim- ming; Subdivision sales complex; Other similar uses which the Planning Commission may determine fall within the intent and purposes of this area, are of a comparable nature to the uses enumerated in this chapter, and will not be detrimental to prop- erty in the vicinity. Permitted accessory uses and structures. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, are permitted in this area if approved under Section IV. Uses and structures permitted by conditional use permit. The following uses and structures are permitted by conditional use permit approved and issued by the Planning Department: (1) Drive-thru financial institutions; (2) Circuses and carnivals and private clubs; (3) Health facilities, long-term; Category 2 - Travel oriented uses. At some time in the future it may be desireable to include the CT Zone for this area to implement the TS General Plan designation on this property. In such instances the permitted use would correspond to the uses permitted in Section 21.29 of the Municipal Code. Development of these uses would occur through the Site Development Plan process as specified in this plan. Residential Uses. The subject property has a General Plan Combination District which includes the Travel Service (TS) and the Professional and Related Commercial (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 on this property shall necessitate a major amendment to this specific plan. Existing Uses. All existing uses presently located within the boundareis of this specific plan are expressly permitted by this specific plan. Any future expansion, enlargement or redevelopment shall be governed by the provisions of Chapter 21.48 of the Zoning Ordinance (legal non-conforming uses and buildings). VI. GENERAL DEVELOPMENT STANDARDS A. Site Development Plan (1) No building permit or other entitlement shall be issued for any use in this specific plan area unless a site development plan (processed pursuant to Chapter 21.06 of the Municipal Code) has been approved for the prop- erty by the Planning Commission. (2) The Planning Commission or City Council on appeal, in approving a site development plan may impose special conditions or requirements that include, but are not limited to the following: 0 0 0 0 Special setbacks, yards, open space; Special height and bulk of building regulations; Fences and walls; Regulation of signs; Additional landscaping; Special grading restrictions; Requiring street dedication and improvements (or posting of bonds); Requiring public improvements either on or off the subject site that are needed to service the proposed development; Time period within which the project or any phases of the project shall be completed; Regulation of points of ingress and egress; Such other conditions as deemed necessary to insure conformity with the general plan and other adopted policies, goals or objectives of the city. (3) In reviewing the site development plan, the Planning Commission or Council on appeal, may also use compat- ibility (use) with other properties and proposed build- ing location as criteria in making a determination to approve or deny the plan. (B) Standards The following minimum standards shall be utilized in the approval of the site development plan: 1) Setbacks: Actual setbacks shall be determined by the site development plan, however, the following setbacks shall be used as a minimum. All setbacks shall be measured from the property line. For the purpose of this ordinance, a streetside property line is that line created by the ultimate right-of-way of the frontage street. -4- a) Streetside setback: All permitted uses shall b) Side yard: Side yards shall be a minimum of 5 c) Rear yard: Rear yards shall be a minimum of 10 observe a 10 foot streetside setback. feet feet. (2) Coverage: Maximurn building coverage (including park- ing) shall not exceed 65% of gross lot area. (3) Building Height: Building height shall not exceed 35 feet from finished grade. (4) Parking: Parking shall comply with Chapter 21.44 of the Municipal Code. Additional parking may be required through the site development plan process. There shall be no parking permitted in the first ten feet of the streetside setback. (5) Landscaping: a) Minimum: A miniumum of 15% of each building site shall be landscaped. All landscaped areas shall be provided with irrigation systems and shall be main- tained in a a neat and orderly fashion. b) Streetside Setback: The first ten feet of the streetside setback (except for approved driveways) shall be landscaped with a combination of trees, shrubs, and groundcover. Rerming, not to exceed 46 inches, should also be utilized in this area. If parking is not utilized in the remaining 10 feet of streetside setback, it should also be landscaped. c) Parking Areas: Landscaping for parking areas shall be determined by the site development plan. d) All other unused areas shall be landscaped as determined by the site development plan. (6) Signs: Signing will be determined by the site develop- ment plan. A consistent theme should be maintained throughout the specific plan area. (7) Storage: No outdoor storage is permitted. (8) Roof Equipment: All roof equipment (and similar equipment air conditioners, ducts, tanks piping, etc.) shall be screened so as not to be visible from a height of five feet above any ground or groud floor elevation at a distance closer than 500 feet from the closest building on any lot. -5- (9) Refuse Collector Areas: All outdoor refuse collection areas shall be completely enclosed and screened from the street and adjacent property by a wall constructed of durable material. Location and material shall be shown on the site development plan. (10) Motels/Hotels: In reviewing a Site Development Plan for hotels and motels the decision making body shall determine that adequate parking and turn-around area is provided for large trucks (18 wheel). C. Interpret at ion: If it is determined that some difficulty exists in interpreting this plan, the Planning Director may schedule a Planning Commission Determination. Such interpretation may also occur at the time a site development plan is heard by the Planning Commission. In either event, it should be found that the final interpretation can be used consistently in reviewing future site development plans. -6- e, L 3. 2 3 4 5 -6 7 E 9 ZC 11 22 13 14 95 3.6 17 ' 18 19 20 21 22 23 24 25 2s 27 213 EXHIBIT B e; ' OmINANCE NO. 9625 PLANNING COMMISSION RESOLUTION .NO e 1926 A RESOLUTION OF THE PLANNING COMMISSION OP THE , CITY 'OF CRRLSRAD I CALIFORNIA, RECOXMENDING AP-330VAL OF SP-184, FOR A 72 ACRE COMMERC.LAC/OFFICE ARZ.3 GENEIIALLU LOCATZD ON BOTH SIDES OF PXSEO DEL XOKTFI APPLICANT: CITY OF CARLS13AD SOUT%; OFF PALOMAR AIRPQRT Ii\3AD - CASE HO: SP-4 84 - * WEIEREAS, a verified application for certain property, to w2t: A portion of Parcel A of Parcel Map 2949; Parcels dr 5, . and G of Pzrcrel Map 6022, a11 being portions of Lot €3 of Agua Hedionda, in the County of San Diego, filed in the County of San Diego, Movcinber 1-6, 1895. has been filed with' the city of Carlsbad and referred to the Planning Commission: and WHERE AS,.^ said verified application constitutes a request-, as provided by Tj-tf-e 21 of the Carlsbad Fiunicipal Code; and I%TIEREASp the Planning Coinmission did on.the 28th dziy of April, 1982, hold a duly' noticed public hearing as prescribed h-.- lzw to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and akguments, if any, of all prscns desiring to be heard, said Commission considered all fzctors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESCLVED by the Planning Commission as follows: A)' That the above recitations are true and correct, U) That based on the evidence'prescnted at the public hearing, the Planning Cominissi.on recommends that the City Coudcil. a6:?t an Ordinance approving SP-184 based on the foilowing E indit:;s: - Findinqs: 1) The site is physically suitable in size and shape to accommodate the proposed uses ~~cc~~uG~ the Specl Eic Plan prov id e s s t and if rtls for d eve loy>mi; k wh i ch ac coininod a t e the -0 .. The proposed uses will not be detrimental to adjoinirg properties for the reasons oatlined in the staff report. This project will not cause any significant adverse Lmp~zts oil the environment because the Planning Director issued a Negative Declaration on February 23, 1982, arid it was a;?;roveE by the Planning Commission on April 28, 1982. The Specific Plan is consistent with the Carladay -t 3 Gezerzl Islar, and with Sections 65451 and 65452 of the Governxent Codc- xhick regulate the use of Specific FLans, f The Specific Plan inplernents the TS (Travel Service) anE 0 (Professional and Related Commercial) land use ciesignatlsns $ approved for the property. PASSED, APPROVED AND ADOPTED at a regular meeting of the .a.nning Commission of the city of Carlsbad, California, helk 33 tkr t 1982, by the following vote f to wit : AYES’.: .- Chairman Farrow, Commissioners Iior;.jotis, oL*Heureux, Jose and FriesteGt;, NOES: Commissioners Plarcus and Schlehuber. a. ABSENT: None o, i - ABSTAIN None. P ANES C. HAGAMi’iN Secretary . :AHL S BTiID P L ANN ING COL-IML S S I ON PC RES0 !# 1926 -2- f