HomeMy WebLinkAbout1985-01-02; City Council; 9747; Ord 9293 amend - 8 acre office/mini-warehouse development1
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ORDINANCE NO. 9747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NUMBER 9293, (SP-23) FOR A 8 ACRE OFFICE AND MINI-WAREHOUSE DEVELOPMENT GENERALLY LOCATED ON THE NORTHWEST CORNER OF PASEO DEL NORTE AND CAPlINO DEL PARQUE APPLICANT: WESTERN BANKERS
CASE NO: SP-23 (E)
WHEREAS, the City Council adopted Ordinance 9293
stablishing a specific plan which included an eight acre
eighborhood commercial site: and
WHEREAS, the Planning Commission did on the 24th day of
ctober, 1984, hold duly noticed public hearings as prescribed by
aw to consider a request by the Western Bankers to amend Ordinance
293 (Specific Plan Amendment SP-23(E)) and approve an 8 acre officl
nd mini-warehouse project, said plan is attached hereto as Exhibit
A" and made a part hereof: and
WHEREAS, at the conclusion of said hearing, the Planning
omission adopted Resolution No. 2368 recommending approval of sail
pecific Plan Amendment, which resolution is attached hereto and
.ade a part hereof: and
WHEREAS, the Land Use Planning Manager has determined that
his project will not have a significant adverse impact on the
nvironment and has issued a Negative Declaration on October 10,
984, which was approved by the Planning Commission on October 24,
984: and
WHEREAS, the City Council of the City of Carlsbad did hold
duly noticed public hearing on December 18, 1984, and after
.earing and considering the testimony and arguments of any or all
lersons desiring to be heard, made the following finding:
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L) That the findings made by the Planning Commission in Resolution
No. 2368 constitute the findings of the City Council in this matter.
NOW, THEREFORE, the City Council of the City of Carlsbad
3oes ordain as follows:
SECTION 1: That the Specific Plan (SP-23(E)) attached as
Exhibit "A" and "B", dated October 24, 1984, Exhibit "E", dated
April 14, 1984 and Exhibit "F" dated June 18, 1984, amending
3rdinance 9293 (SP-23) are approved subject to the conditions
imposed by the Planning Commission in Resolution No. 2368 which is
Exhibit "X" to this ordinance.
SECTION 2: The Specific Plan (SP-23(E)) approved by this
ordinance indicates acceptance by the City Council of the general
framework for development of the subject property and of the
development standards contained in said plans.
subject to future amendment by the City as part of the City's
Dngoing planning process.
Said plans are
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 2nd day of January , 1985,
and thereafter.
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PASSED AND ADOPTED at a regular meeting of said City
)unci1 held on the 2nd day of JanuarY , 198 - 5 , by the
>llowing vote, to wit:
AYES: Council ars Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT None
d. e&./&/
MARY H.(CASLER, Mayor
TTEST :
Ll.LGLRg& LETHA L. RAUTENKRANZ, City Cprk
SEAL)
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EXHIBIT R (Resuction of @ricrinal)
October 24, 1984
EXHIBIT E (Reduction of Orisinal)
Anril 14, 1980,
HHLIIOOMII(IO /
SOUTH ELEVATKMU
OFFICE BUILDING ELEVATION (TyBical)
I
I
PASEO DEL NORTE ELEVATION I SONOTUBE COLUMNS
NORTHWEST ELEVATION
MINI-WAREHOUSE ELEVATIONS EXHIBIT F June 18, 1984
(Reduction of Oriffinal)
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PLANNING COMMISSION RESOLUTION NO. 2368
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN 23 (E), AMENDING SPECIFIC PLAN 23, TO APPROVE THE DEVELOPMENT OF
APPLICANT: WESTERN BANKERS
CASE NO: SP-23 (E)
AN OFFICE COMPLEX AND MINI-WAREHOUSE PROJECT.
WHEREAS, a verified application for certain property, to
it:
Parcels 2 and 3 of Parcel Map No. 3415, filed in the
Office of the County Recorder, January 21, 1975 as File No. 75-014212 of Official Records,,
3s been filed with the City of Carlsbad, and referred to the
Lanning Commission; and
WHEREAS, said verified application constitutes a request as
rovided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 24th day of
ctober, 1984 and the 28th day of November, 1984, hold a duly
oticed public hearings as prescribed by law, to consider said
equest; and
WHEREAS, at said public hearing, upon hearing and consider-
ng all testimony and arguments, if any, of all persons desiring to
e heard, said Commission considered all factors relating to the
pecific Plan: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis-
ion as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission recommends APPROVAL of SP-23(E), based on the
following findings and subject to the following conditions:
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'indings
The project is consistent with the general plan and master
plan since office developments are permitted and mini-
warehouses may be considered in the Neighborhood Commercial
designation specified for this site by the Land Use Element of
the General Plan.
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate the project as proposed,
The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that the
project will not be approved unless the City Council finds
that sewer service is available to serve the project. In
addition, the Planning Commission has added a condition
that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
public facilities element of the general plan have been
met insofar as they apply to sewer service for this
project.
b) All necessary public improvements have been provided or
will be required as conditions of approval,
c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities
fee, Performance of that contract and payment of the fee
will enable this body to find that public facilities will
be available concurrent with need as required by the
general plan,
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on October 10, 1984 and approved by the
Planning Commission on October 24, 1984.
:onditions
I) Approval is granted for SP-23(E) as shown on Exhibits "A" and
1984 and Exhibit "J?", dated June 18, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions,
, dated October 24, 1984 and Exhibit "E", dated April 14, 11 B n
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This project is approved upon the express condition that
building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for
such sewer permits and will continue to be available until time of occupancy.
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, 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 March 27, 1984, 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 Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
This approval shall become null and void if building permits are not issued for this project within one year from the date
of project approval .
Land Use Planning Conditions:
The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building
permits.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. of said receptacles shall be approved by the Land Use Planning Manager.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the
sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of
the Land Use Planning Manager and Building and Planning Director .
Location
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11) Approval of Specific Plan No. 23(E) is granted subject to approval of Conditional Use Permit No. 246.
12) The developer shall construct a decorative, solid masonry or
stucco wall and provide heavy landscape screening along the length of the southerly property line shared with Alta Mira, as approved by the Land Use Planning Manager, prior to
occupancy of any building.
13) Issuance of building permits for the development of the office complex and mini-warehouse shall occur concurrently. No certificate of occupancy shall be issued to the mini-warehouse prior to completion of 25 percent of the office complex, as determined by the Land Use Planning Manager.
14) Prior to issuance of a building permit for any building, the developer shall submit a lighting plan, addressing both parking lot and building lighting to the satisfaction of the Land use Planning Manager. All lighting shall be designed to avoid direct and indirect glare on adjoining properties and
roadways .
Engineering Conditions
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code,
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading, This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record,
No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site
if located within the city limits.
All slopes within this project shall be no steeper than 2:l .
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Prior to hauling dirt or construction materials to-any
proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any off-site
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City
Engineer.
Additional drainage easements and drainage structures shall
be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engineer.
The developer shall pay the current local drainage area fee
prior to approval of the issuance of any grading or building
permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit for this project,
The developer shall submit a detailed hydrologic and hydrology
study of the drainage channel along the northerly line of the
project prior to issuance of building permits and, subject to the approval of the City Engineer, shall incorporate the recommendations of the study as conditions of this approval. The study shall be of content detail and scope to the
satisfaction of the City Engineer. As a minimum the study
shall address velocity of flow, hydraulic gradeline, freeboard requirements, sediment transport and deposit, bottom scouring, effect of existing and expected phreatophytic growth in the channel and other items that good engineering practice may dictate. The study shall consider the effect of upstream and
downstream structures, geometry and conditions in the drainage channel ,
PC RES0 NO. 2368 -5- la-
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The developer shall grade and construct the driveways onto
Paseo Del Norte so as to provide sight distance from the driveway onto Paseo Del Norte as for a collector street.
Parking area and driveway lighting shall be directed
downward .
Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer
before the issuance of any building permit. The developer
shall obtain approval of the plans from the City Engineer and
pay all associated fees and performance guarantees prior to
issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer
prior to issuance of a Certificate of Occupancy or occupancy
of any portion of the project for any purpose. The improvements are: a) Removal and replacement of non-standard damaged or misaligned sidewalk along the project frontage b) Public facilities damaged by the developer or his agents c) Street Trees
d) A street widening flare on the east of Paseo del Norte
beginning at the southerly terminus of the existing curb
and gutter that lays approximately 160 feet southeasterly
of the southeasterly corner of the project and continuing
in a southerly direction no less than 300 feet. The
flare shall have a structural section as for secondary
arterials and shall have an asphalt berm at its easterly edge.
at the project driveways and at Camino Del Parque. e) Striping of Paseo del Norte to provide a left turn pocket
f) Traffic control and advisory signs
The developer shall agree to the formation of an assessment
district to underground the power lines that cross the project site .
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies regarding services to the project.
The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the issuance of any grading or building permit for this project. The structural section of all private streets shall conform to
City of Carlsbad Standards based on R-value tests. All
private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection
fees shall be paid prior to approval of the issuance of any
building or grading permit for this project .
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All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the
Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be
signed and sealed on their first page. Additionally the first sheet of each set of plrans shall have the following
certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work fox this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY
(Name of Engineer)
Date:
R.C.E. NO. #
The developer shall provide the City with a reproducible mylar
copy of the site and grading plan as approved by the Planning
Commission. The site and grading plan shall reflect the
conditions of approval by the City. The plan copy shall be
submitted to the City Engineer prior to improvement plan
submittal.
Access to the project from Camino del Parque shall be for
emergency purposes only. The main entrance on Paseo del Norte shall be designed to permit safe and adequate ingress and egress to the satisfaction of the City Engineer.
'ire Conditions
16) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
17) Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal.
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The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and on site roads and drives to the Fire Marshal for approval.
An all weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or
less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
lanning Commission of the City of Carlsbad, California, held on
he 28th day of November, 1984, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN :
Chairman Rombotis, Commissioners Marcus,
Farrow, Schlehuber, McFadden, Smith and
L Heureux.
None.
None
None .
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSION
rTTEST:
IICHAEL J. EOLZMILLER
AND USE PLANNING MANAGER
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