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HomeMy WebLinkAbout1985-01-02; City Council; 9747; Ord 9293 amend - 8 acre office/mini-warehouse development1 2 3 4 5 E 7 E s ZC 13 1; 1; 14 It It 1' 11 l! 2( 2: 2: 2: 2d 2; 2r 2' 2; 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: 1 2 3 4 5 6 7 E : 1C 13 1: 1: 11 l! 1f 17 1€ 1: 2( 2: 2: 2; 21 21 2r 2' 21 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. '//I/ //I/ I/// -2- .. 28 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) -3- 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) 1 2 3 4 5 6 7 e s 1c 11 12 12 14 1: 1( 1: 1E 1: 2( 21 2: 2; 2L 2! 2t 2' 21 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: /I/ //I 8 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '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 ?C RES0 NO. 2368 -2- 1 2 3 4 5 6 7 .a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 28 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 -3- //// PC RES0 NO. 2368 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 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 . PC RES0 NO. 2368 -4- rl 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . //// //// PC RES0 NO. 2368 -6- 13 1 2 3 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 'C RE50 NO. 2368 -7- .., 1 2 3 4 5 6 7 .a 9 10 11 1% 12 14 15 1E 17 1E 1s 2c 21 2: 2: 24 2: 2E 27 2E 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 'C RES0 NO. 2368 -8-