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HomeMy WebLinkAbout1971-12-28; City Council; 627; Amendment to General Plan1 T I{ E CITY OF CARLSBA. CA L I F'O H N r~ Agenda Bill No. ,LA7 ;. Date: December 28, 1971 *-Referred TO: City Council . .. Subject: Amendment to the General Plan, Reclassifica- submitted By: tiob in zone from R-A-10.,000 to C-2 and adoption of a 'specific plan on 50 .acres for a commercial and automo- Commission bile dealer Center; Applicants: Tri.-City Auto Dealers P1 anning .. -- - -. . . Statern.ent of the :.fatter These matters were all heard and consi'dered at-public hearing on 12-14-71. Th.e Planning Commission hearing resulted in 'unanimous approval of the subject amendment to the-General Plan, zone change from R-A-10,000 to C-2, . and adoption of a s-pecific plan. The documents itemized below complete this application for your further review .- and hearing. e. .. Exhibit .. 1 -. Application 2 - Staff report of 12-14-71 . 3 .- Planning Commission Resolution No. 737,745 4 - Applicant's Exhibit * - 5 - Resolution #1932 of the City Council 6 - Resolution #1933 of the City Council 7 - Ordinance #9288 of the City Council . -8 rdinance #9289 of the .City Council sti-fP Recornmen ations S€aff recommendations, as more completely outlined in refirenced staff report, request adproval of the request by City Council.. *. ... .. - .. .- I 'AB NO. 627 Date: h Ci t y Manager 's Recornmenda tion .- .. i Council *Action -1-4-72 Fo-llowing the public-hearing the Council approved the proposed commercial and automobile dealer' center. Resolution #1932 was adopted amending the General Plan; Resolution #1933 was adopted, announcing findings and decision re- Reclassification of zone from R-A-10,000 to C-2 and adoption of a spec-ific plan. Also a first reading was given Ordinince #9288, adopting a Specific Plan, and Ordinance #9289; reclassifying 50 plus.acres from R-.A-10,000 . .. to c-2. -. . adopted. 1*.-18-72. Ordinance No. 9288 was given a second Leading by title only and Ordinance No. 9289 was given a second reading by tit'le only and adopted. . '.:. . .. ' -2- APPLICATION FOR CHANGE OF ZONE and, A 'TION OF A fSE€EE€C PLAN w &5Ti- 1. Complete Parts A,B,C,D and E. Submitted to the Carlsbad city 2. Filing Fee $lOO.,OO plus $5.00 for each Planning Conmission 3. Make check payable to City of Carlsbad. ac7.ditional lot or parcel. Date Received c)r,y 7 -0 , I c4 7 \ - -, I \C)> \ Date of Hearing \)<->-& 7 Name of Applicant-T Telephone 779 r- 7648 TRI-CITY AUTO DEALERS Applicant's Mailing Address 1193 -oil AVO.. -d. tal. 92008 Location of Property by Street SE CnrmaaRoad-d Tntersbte 5, - Carl sb- . Attach'to this application one copy of a complete legal description of the property for which a change of zone and adoption of a specific plan is requeste PART D--------------------------------- MAP Attach to this application-= COPIES of a map prepare2 by a reqisrlered. civil engineer, architect or licensed land surveyor which shows the exact Scuxdaries, dimensions and bearincj of each line of the propezty for which a reclassificztic and a specific plan is requested; names and widths of bordering streets-; locatic and width of alleys and/or easements. 30 1. Does public necessity require the proposed change? Is there a real neet! . in the cormunity for xcre of the types of uses pernitted by the Zone requested thGn can be accorxo6ated in the areas already zoned for s~ch uses? Ye5, there is a def'inite need, as commercial activity is non: existent at this time, 20.1s the property involved in the proposed reclassification more suitable for the pur;>oses perinitted in the proposed zone than for the pwposes Ferzittcd in the present classification? Yes. Freeway location and proximity to high traffic flows dictates a more suitable need for the commercial activity proposed. . c . t No. 4. What were the or-icjinal deed restrictions, if any, concerning the type and class of uses pernittcd on the property involved? Give the expiration date of these restrictions. None. ._. -..-.-... . ... .. ... we, the undcrsigned property owners herewith request that our respective propcrtics which arc included in the 2-cclassif ication petitioned for I be rcclnssificd and for the reasons above cnumeratcd. [This space is for signatures of owners Of property actuallv included in the proposed reclassification. Attach extra sheets i’f necessary. 1 No.On Map Name Address Lot Block Tract OWNER’S AFFIDAVIT STATE OF CALIFOFNIA) COUNTY OF SAN DIEGO) SS CITY OFCfiXSfi4fl ) A I c If (be), Jd,!,-,,J 3. pfifim@dg being duly sworn, depose and say that I (we) am (are) the cwner(s) of part (or all) of. the property involved and this application has been prepared in com2liance with the requirements of the City Planning Comnission as printed herein and that the foregoing information thoroughly and completely, to the best of ny (our) ability, presents an argumeht in behalf of the application herewith subnitted and that the statements and information above referred to are .in all respects true and correct to the best of my (our) knowledge and be Telephone Number 72q ,‘;“6 qr Signed jAh%A&+ J I19 72,. Subscribed and sworn to before‘ me this 20th day of October - A”C/tA4h/ 4 LCL/ ._ Tiling Clerk or Notary blic F I19 72,. Subscribed and sworn to before‘ me this 20th day of October - A A”C/tA4h/ ._ Tiling Clerk or Notary blic F This is to certify that the and found to be complete and Commission. forego accep ing tab1 application has 5een inspected by me .e for filing tiit3 the City Planning -3- '_ DESCRIPTION FOR CARLSBAD AUTO CENTER REZONE APPLICATION That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, described as follows: Beginning at the most westerly corner of that land described in Parcel 2 of Deed to Paul Ecke and wife, recorded April 15, 1953, as Document No. 51682, in Book 3821, Page 209 of Official Records; Thence along the westerly line of said land South 22' 27' 35" East 31.77 feet to the TRUE POINT OF BEGINNING; Thence continuing along said westerly line and the southerly prolongation thereof, South 22" 27' 35" East 2954.65 feet; Thence South 67" 32'.25" West 70'1.23 feet to the easterly line of the California State Ilighway as described in Deed to the State of California recorded .June 18, 1965 as Document No. 108756 of Official Records; Thence along said easterly line North 26' 10' West 1792.61 feet to an angle point; Thence North 21" 17' 20" West 548.69 feet; Thence North 17" 28' 07" West 296.14 feet; Thence North 2' 15' 42" East 271.66 feet; 'Thence North 5S0 1'6' 34" East 268.78 feet; Thence North 22' 28' 20" West 20.00 feet; Thence South 67" 31' 40'' West 142.38 feet; Thence North 22' 28' 20" West 30.00 feet; Thence North 67" 31' 40'' East 295.30 feet to the beginning of a 1000 foot radius tangent curve concave southerly; Thence easterly along said curve through 3 central angle of 14O 28' 34" a distance of 252.66 feet to the TRUE POINT OF BEGINNING. 658 EXHIBIT "A" Sheet I of 1 vn c , \ . - ._ __ . . .. . . . .. . . . -. -. . PROPOSED AUTO CENTER- REClASSlFlCATlON FROM R-A-10000 TO C-2 8 ADOPTION OF SPECIFIC PLAN. REQ. BY: JOHN J. MAMAUX FOR TRI-CITY AUTO DEALERS. 10 -20-71 EXHIBIT 'IB" .. . .. c STAFF REPORT/MEMORANDUM TO: PLANNING COMMISSION I December 14, 1971 FROM : CITY MANAGER SUBJECT: AMENDMENT TO THE GENERAL PLAN, RECLASSIFICATION IN ZONE FROM R-A-10,000 TO C-2 AND ADOPTION OF A SPECIFIC PLAN ON 50 ACRES FOR A COMMERCIAL AND AUTOMOBILE DEALER CENTER APPLICANT: TRI-CITY AUTOMOBILE DEALERS ASSOCIATION Report submitted by: City Manager, Fire, Engineering, Building and Planning Departments I. General Discussion The applicants wish to reclassify fifty acres located southerly of the proposed Cannon Road, northerly of Palomar Airport Road, east of Interstate-5 from R-A-10,000 to C-2 and adopt a specific plan for the project. The purpose of the application would be to allow develop- ment of an automobile sales center that would utilize 25-30 acres for new car dealerships, and approximately 17 acres for commercial and professional facilities. The fifty-acre parcel is currently under cultivation. The surrounding properties to the east and south are also under agricultural use at the present time. The Burroughs Corporation is located on the westerly side of Interstate-5, a proposed freeway service facility is located in the north- west quadrant of Interstate-5 and Cannon Road. Property to the north is zoned P-U (Public Utility) and is owned by San Diego Gas & Electric Company and is under an adopted specific plan. The City of Carlsbad General Plan (Land-Use Element) assigned a residential land use to all property east of Inter- state-5 between Cannon Road and Palomar Airport Road. The proposal would necessitate an amendment to the General Plan, Land-Use portion. The applicants desire to place strict architectural con- trol on all development within the automobile center. Controls would affect signing, lighting, landscaping, and the design of each facility--automotive, commercial or professional. Page Two Staff Report 12-14-71 At the City Council meeting of August 17, 1971, the council recommended in principle that "the City build a street on a right-of-way sufficient to accept an 84' improved roadway from Cannon Road to Palomar Airport Road. As a condition, the City will build one-half of the road at such time as there are two auto dealers ready to build on the site. When two other dealers are ready to build on the site, the second half of the roadway will be constructed. The City will provide sewer and water mains, curbs, gutters and under- ground utilities necessary for the development of the auto- motive center". The City Council also agreedl'that an agree- ment be entered into with the car dealers". (ref. Council minutes of August 17, 1971). _c- , Page Three Staff Report 12- 14-71 11. Recommendations: The staff recommends approval of the request for an amend- ment to the General Plan (Land-Use Element), reclassification in zone from R-A-10,000 (Residential-Agriculture) to C-2 (General Commercial) and adoption of a specific plan for the following reasons and subject to the following conditions. 111. Reasons of Approval : 1. The proposed development will be an asset to and in the best interest of the City of Carlsbad. 2. The proposed land use will not be detrimental to the surrounding property and will not be injurious to the health, welfare or safety of the general public. IV. Conditions of Approval: 1. That specific plans of development shall be submitted to the City of Carlsbad prior to the construction of any phase of the proposed automobile center. 2. That the proposed alignment and location of a north-south road between Cannon Road and Palomar Airport Road shall be subject to approval by the City of Carlsbad. 3. That the alignment and location of the north-south road shall be set as a portion of a first phase specific plan. Any approval or the alignment of the 84' street shown on the applicants' display is not implied at this time. 4. That City staff shall participate in the overall design of the 50-acre automobile center. 5. That signing shall be limited to one free-standing freeway oriented sign, 35 feet in height, not to exceed 150 square feet; the location and sizes of on-site signs advertising the product shall be subject to strict architectural review and in no case shall they exceed requirements set forth in the City of Carlsbad Sign Ordinance 9224. 6. That all li hting fixtures shall be a metallic vapor and quartz variety 'i no florescent arm-type fixtures) and subject to strict architectural control. + , Page Four Staff Report 12-14-71 7. All onsite lighting shall be shielded from direct glare onto the adjoining roadways. 8. That a 10-foot landscaped easement shall be constructed along each side of the public right-of-way. Maintenance pro- grams for the subject right-of-way shall be subject to approval of the Parks & Recreation Director. 9. That a minimum of 5% of all onsite paved areas shall be landscaped. Design and maintenance of which shall be subject to approval by Parks & Recreation Director. 10. That any additional parkway or park-like areas be designed and coordinated so as to complement the entire 50-acre complex. 11. That all landscaped areas shall be accompanied by a landscape and sprinkler plan and subject to Parks & Recreation Director approval. 12. That an architectural concept be established for the entire complex and shall be subject to review by the City of Carlsbad. 13. That the applicants shall file a subdivision map in accor- dance with the State Map Act. 14. Right-of-way shall be dedicated for construction of Lowder Lane and Cannon Road. 15. Access rights to Cannon Road shall be dedicated to the City of Carlsbad. 16. All utilities shall be placed underground. 17. That the type and location of all fire hydrants shall be designated by the City of Carlsbad Fire Department. (. (I a d&&L4 JACK r. ARNOLD, City Manager sll PROPOSED AUTO CENTER-RECLASSIFICATION FROM R-A-10000 TO C-2 8 ADOPTION OF SPECIFIC PLAN. REQ. BY: JOHN J. MAMAUX FOR TRI-CITY AUTO DEALERS. 10 -20-71 - ,- . *- // B @ 1' 1 I/ 39 il 1 I] 2 i\ j/ i! 4 ii 5 6 i PLANNING COMMISSION RESOLUTION NO. 737 A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL A CHANGE OF ZONE FROM TION tlr A SPbGIFIG PLAN9 QN PRQPLRTY LOCATED LAST OF INTERSTATE-5 BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD R-A-10,000 TO C-2 (GENERAL COMMERCIAL) ZONE, AND ADOP- WHEREAS, pursuant to the provisions of Ordinance No. 9060 7 sider the application of the TRI-CITY AUTOMOBILE DEALERS ASSOC g did on December 14, 1971, hold a duly noticed public hearing t 8 Title 21 of the Municipal Code, the Carlsbad City Planning Coml 10 for a Change of Zone from R-A-l0,000 to C-2 (General Commercia 11 Zoning, and Adoption of a Specific Plan, on real property on t 12 easterly side of Interstate-5 between Palomar Airport Road and 13 That portion of Lot "H" of Rancho Agua Hedionda 14 Road and more particularly described as follows: State of California, according to Partition Map 16 in the City of Carlsbad, County of San Diego, 15 "^-. 17 f thereof No. 823, filed in the office of the County ,I 18 ii 13 j/ fl i Recorder of said San Diego County, and more parti- cularly described on file in the City P1annin.g Offic I/ 220 '1 WHEREAS, at said public hearing, upon hearing and conside I/ 2111 the testimony and arguments, if any, of all persons who desire 221; be heard, said Commissio'n did find the following facts and rea 23ij to exist which make the (approval of the application for Change 24!! Zone necessary to carry out the provisions and general purpose 251i Title 21 of the Carlsbad Municipal Code and Ordinance No. 9060 26': 1. The proposed development will be an asset to and in the be 27.1 interest of the City of Carlsbad. 28!! 2. The proposed land use will not be detrimental to the surrc 2911 property and will not be injurious to the health, welfare or s 1; li Ij 1 I/ t !! 11 I1 !I !I jj 11 301( of the general public. 3l! xx i! i 3211 xx /I I ~ i ?. i! r /j e a " I I/ 1 'i !I f NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 21/ the City cf Carlsbad that it does hereby recommend to the City 5j/ Council, the adoption of an Amendment to Ordinance No. 9060 an( 41( Title 21 of the Municipal Code, changing the existing R-A-10,0( !5 Zone to C-2 (General Commercial) Zone and the adoption of a G specific plan, subject to the following conditions of approval ' 1. That specific plans of development shall be submitted to tl li I' 8 9 10 11 12 13 14 15 I City of Carlsbad prior to the construciton of any phase of the proposed automobile center. 2. That the proposed alignment and location of a north-south Y between Cannon Road and Palomar Airport Road shall be subject 1 aspproval by the City of Carlsbad. 3. That the alignment and location of the north-south road shi be set as a portion of a first phase specific plan. Any appro\ the alignment of the 84' street shown on the applicants' displi '$1 17j/ 4. That City staff shall participate in the ov,erall design of not implied at this time. 318 19 .20 21 22 23 // !I 11 /1 j! I! j! :i 1: j! ij i; 11 50-acre automobile center. 5. That signing shall be limited to one free-standing freeway oriented sign, 35 feet in height, not to exceed 150 square fee the location and sizes of on-site signs advertising the produc be subject to strict architectural review and in no case shall exceed requirements set forth in the City of Carlsbad Sign Ord 24 11 9224. g5j/ 6. That all lighting fixtures shall be a metallic vapor and ql II 2s 27 28 29 38 31 32 !I )I i/ !I 1; 1; j\ il j/ Ij I! 11 ti i' variety (no florescent arm-type fixtures) and subject to stric architectural control. 7. All onsite lighting shall be shielded from-direct glare on the adjoining roadways. 8. That a 10-foot landscaped easement shall be constructed a1 each side of the public right-of-way. Maintenance programs fo the subject right-of-way shall be subject to approval of the P & Recreation Director. Ii Ji .' 6 li it * -1 11 ii e 'e ' !! ii ji li 1ii 9. That a minimum of 5% of all onsite paved areas shall be lan 211 scaped. Design and maintenance of which shall be subject to ap 51 by Parks & Recreation Director, il 41j10. That any additional parkway or park-like areas be designed 5 complex and shall be subject to review by the City of Carlsbad. 9 12. That an architectural concept be established for the entir 8 and sprinkler plan and subject to Parks & Recreation Director a 7 11. That all landscaped areas shall be accompanied by a landsc 6 coordinated so as to complement the entire 50-acre complex. 10 13. That the applicants shall file a subdivision map in accord 11 with the State Map Act. 12 14. Right-of-way shall be dedicated for construction of Lowder 13 and Cannon Road. 14 15. All utilities shall be placed underground, 15 16. That the type and location of all fire hydrants shall be 16 17. That wrecked automobiles be obscured from the public view. 17 designated by the City of Carlsbad Fire Department. ! I la j j I Ji PASSED, APPROVED, AND ADOPTED at a regular meeting of the xgi[ Carlsbad City Planning Commission, on the 14th: day -of December, .20!jby the following vote, to wit: 21 :I AYES: Commissioners Forman, Jose, Dewhurst, Dominguez, Li 22 !! 23 Ij 25 Ii 26 ii I Palmateer ji - NOES: None jj ABSENT: Commissioner Hermsen 24 11 1: ] j ROBERT T. LITTLE, TG Chairman ;i 271 ti ATTEST: 28 I! ii I It 29 i! I! 3o I/ 31 1 92 \ 1 I // I! !i jl 0 e I/ I! 11 1 1; 2 I' !! 3l 4 i/ 5l I! PLANNING COMMISSION RESOLUTION NO. 745 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY MENT TO THE GENERAL PLAN (CITY COUNCIL RESOLUTION NO. OF CARLSBAD RECOMMENDING TO THE CITY COUNCIL AN AMEND- 127,1), FOR THE TRI-CITY AUTOMOBILE DEALERS ASSOCIATION ON 50 ACRES LOCATED EAST OF INTERSTATE-5 BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD 6 WHEREAS, said Planning Commission did on the 14th day of D 7 ASSOCIATION for an Amendment to the General Plan, by adopting 9 law, to consider the request of the TRI-CITY AUTOMOBILE DEALERS 8 ber, 1971, hold a duly advertised public hearing as prescribed 10 EXHIBIT A, dated December 14, 1971, as attached. 11 The Carlsbad General Plan is hereby amended to adopt said 12 13 Exhibit A, which consists of the following: a. To permit C-2 (General Commercial) for.an Auto Center 14 for commercial and professional facilities. 15 the,.recommendations, objec.tions, and comments of all 'individual 16 WHEREAS, at said public hearing the said Commission receiu and parties who desired to,be heard. x?. I l8 /I AND FINALLY RESOLVED, that a copy of this Resolution be fc ij 19h to the City Council for its attention in .the manner prescribed ii .20 I ji PASSED, APPROVED AND ADOPTED by, the"P1anning Commission of 21i/ City of Carlsbad at a regular me-eting held on the 14th day of C 22 i! .i ber, 1971, by the following vote, to wit: Ij ti .. . 23 '1 AYES: Commissioners Forman, Jose, Dewhurst, Domingues, Li 24 /I 25 I j NOES : None Palmateer !I SI !i 26 11 ABSENT: Commissioner Hermsen I1 27 I! 2811. ATTEST: J .- I 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AMENDING THE GENERAL PLAN OF THE CITY OF CARLSBAD, IN REGARDS TO FIFTY (50) ACRES OF LAND LOCATED EAST OF INTERSTATE - 5 I (SEAL) I I BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD. (TRI-CITY AUTOMOBILE DEALERS ASSOCIATION) The City Council of the City of Carlsbad does resolve as foll ows: 1. The General Plan of the City of Carlsbad is hereby amended to read as follows in regard to that certain real property located in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein: (a) To permit C-2 (General Commercial) for an Auto Center for commercial and professional facilities, within th area outlined in Exhibit "B" attached hereto and by this reference incorporated herein. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held on the 4th day of January, 1972, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Jardine, Castro and Lewis. NOES: None ABSENT: jclone 27 28 RESOLUTION NO. 5932 . 29ii ATTEST: City of Carlsbad, Carlsbad, California I f 4 r: E E 9 10 12 13 15 16 17 18 19 21 22 23 24 26 28 29 31 32 RESOLUTION NO. 1933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISION C-2 (General Commercial) ZONE AN5 ADOPTION OF AIRPORT ROAD AND CANNON ROAD (Tri-City Auto- mobile Dealers Association) REGARDING CHANGE OF ZONE FROM R-A-10,000 TO SPECIFIC PLAN ON APPROXIMATELY 50-ACRES OF LAND LOCATED EAST OF INTERSTATE - 5 BETWEEN PALOMAR WHEREAS, on the 14th day of December, 1971, the Carlsbad City Planning Commission adopted Resolution No. 737, which is herewith referred to and made a part hereof; and WHEREAS, on January 4, 1972, a duly advertised public hearing was held as prescribed by .law to consider a change of zone from R-A-10,000 to C-2 (General Commercial) Zone, and Adoption of a Specific Plan on property described as: That portion of Lot "HI' of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, accord- ing to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, and more parti- cularly described in Exhibit "A" attached hereto. WHEREAS, the City Council received all recommendations and heard all persons interested in or opposed to the proposed change of zone classification; NOW THEREFORE, the City Council of the City of Carlsbad DOES HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the Plann ing Commission contained in Resolution No. 737 constitute the findings of the City Council of the City of Carlsbad. BE IT FURTHER DECLARED AND RESOLVED that the City Council certifies that the approval of the proposed change of zone classi- fication is necessary to carry out the general purpose of Ordinanc No. 9060 as amended. XX xx xx i 6 c E IC 12 13 14 15 16 17 18 19 20 22 25 26 28 .' 29 30 :V BE IT FURTHER RESOLVED that the City Council does hereby declare its intention to adopt an ordinance to effectuate the proposed change of zone classification. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 4th day of January, 1972, by the follow- ing vote, to wit: AYES: NOES: None Councilmen Dunne, McComas, Jardine, Castro and Lewis. ABSENT: None City of Carlsbad, California ATTEST: SEAL) ORDINANCE NO. 9288 AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING SPECIFIC PLAN FOR 50 ACRES OF LAND LOCATED EAST OF INTERSTATE -5 BETWEEN PALOMAR AIRPORT ROAD AND CANNON RQAD. (Tri-City Automobile Dealers Assoc.) The City Council of the City of Carlsbad, California, DOES I 6 7 8 ORDAIN that a Specific Plan for the hereinafter described real property be adopted in the following particulars: SECTION 1. PROPERTY DESCRIPTION. That portion :of Lot "Hi' 91 I 10 3.1 12' 13 14 15 ,' 16 17 18 l9 2o 21 22 23'i of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, and more particularly described in "Exhibit "A" attached hereto. SECTION 2. GENERAL CONDITIONS. The Specific Plan, entitled "Specific Plan for Tri-City Automobile Dealer's Association" is subject to the following conditions and restrictions: A. The development of the property described in Section 1 hereof shall be subject to the restrictions and limitations set forth herein which are in addition to all of the requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force for the purpose of preserving the residential character- istics of adjacent properties. .27 j and free of all liens and encumbrances. 1 21 3 4 5 7 8 9, 1 conditions shall apply with respect to any development after the effective date of this ordinance of the property described in Section 1 hereof. 2. That specific plans of development shall be submitted to 6.the City of Carlsbad prior to the construction of any phase of the proposed automobile center. 2. That the proposed alignment and location of a north-south road between Cannon Road and Palomar Airport Road shall be subject ?' 12 13 SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The foll owing shall be set as a portion of a first phase specific plan. Any approval for the alignment of the 84' street shown on the applicant s SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The foll owing display is not implied at this time. 4. That City staff shall participate in the overall design of the 50-acre automobile center. 5. That signing shall be limited to one free-standing freeway- oriented sign, 35 feet in height, not to exceed 150 square feet; the location and sizes of on-site signs advertising the produce shall be subject to strict architectural review and in no case shal' 11 to approval by the City of Carlsbad. 3. That the alignment and location of the north-south road 14 16 . 17 18 19 20 1 21 22 23 24 25 26 27 28 29 30 31 32 Ordinance No. 9224. 6. That all lighting fixtures shall be a metallic vapor and quartz variety ( no flourescent arm-type fixtures) and subject to strict architectural control. I 7. All on-site lighting shall be shielded from direct glare onto the adjoining roadways. 8. That a 10-foot landscaped easement shall be constructed along each side of the public right-of-way. Maintenance programs for the subject right-of-way shall be subject to approval of the Parks and Recreation Director. xx -2- n f 10 ' 21 12 13 14 15 16 m l7 18 l9 20 21 22 23 24 25 26 9. That a minimum of 5% of all on-site paved areas shall be I I I I I 1 i ~ i ~ I I landscaped. Design and maintenance of which shall be subject to approval by Parks and Recreation Director. 10. That any additional parkway or park-like areas be designed and coordinated so as to complement the entire 50-acre complex. 11. That all landscaped areas shall be accompanied by a land- scape and sprinkler plan and subject to Parks and Recreation Direc- tor approval. 13. That the applicants shall file a subdivision map in accord- ance with the State Map Act. 14. Right-of-way shall be dedicated for construction of Lowder Lane and Cannon Road. 15. All utilities shall be placed underground. 16. That the type and location of all fire hydrants shall be designated by the City of Carlsbad Fire Department. 17. That wrecked automobiles be obscured from the public view. SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE OF BUILDING PERMIT. The following shall be granted to the City of Carlsbad before any building permit will be issued for the develop- ment of the property described in Section 1 hereof: I A. All street improvements including water, sewer, under- 1 ground power and telephone, street tree planting, street light, storm drain and any other improvements deemed necessary by the City Engineer shall be set forth in an Agreement entered into be- tween the City of Carlsbad and the Developer. B. All lands necessary for street widening shall be dedicated to the City of Carlsbad prior to approval of said improvement plan. xx xx -3- I .._. ,-l . I writing and filed with the City Clerk within 10 days following the receipt of the decision of the Planning Director. The City Council's decision shall be final. SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective thirty (30) days after its adoption. The City Clerk of the City of Carlsbad shall certify to the adoption of this Ordinance and cause it to be published once in the Carlsbad Journal wlthin fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at ti regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of January, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council on the 18th day of January, 1972, by the following vote, to wit: AYES: Cmn. Dunne, NcComas, Jardine, Castro and Lewis. NOES: None. c. 1 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 C. A grading plan shall be submitted prior to the issuance of a building permit. SECTION 5. ADMINISTRATION AND ENFORCEMENT. The Building Department shall not approve any building for occupancy until the Planning Director has certified that all the conditions of this ordinance have been satisfied. The Planning Director of the City of Carlsbad is designated as the enforcing officer of this Specific Plan. His decision shal be final as to whether the subject property has been properly developed and improved. However, the owners of the subject pro- perty may appeal to the City Council any decision of the Planning Director relative to this Specific Plan. Such appeal shall be in City of Carlsbad, California ATTEST: J (SEAL) 3 : 1 4 E E 7 e 9 10 11 12 13 14 15 16 17 le 19 20 21 22 2: 24 2E 2E .2'i 2f 2s 3c 31 3; ct ORDINANCE NO. 9289 AN ORDINANCE OF THE CITY OF CARLSBAD ZONE TO C-2 (General Commercial) ZONE, AMENDING ORDINANCE NO. 9060, RECLASSI- FYING CERTAIN PROPERTY FROM R-A-10,OOO SAID PROPERTY BEING LOCATED ON APPROXI- MATELY 50-ACRES OF LAND EAST OF INTER- . STATE -5 BETMEEN PALOMAR AIRPORT ROAD AND CANNON ROAD. (Tri-City Automobile Dealers Association). The City Council of the City of Carlsbad, California, DOES ORDAIN,as follows: SECTION 1. That the following described real property is reclassified from R-A-10,000 to C-2 (General Commercial) Zone subject to the provisions contained in Ordinance No. 9288, and that the zoning map referred to in Section 21.06.030 of said Ordinance No. 9060, as amended, be changed accordingly: That portion of Lot "H" of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the Re- corder of said San Diego County, and more particu- larly described in Exhibit IiA1' attached hereto. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effectivc thirty (30) days after its adoption and the City Clerk shall certi- fy to the adoption of this Ordinance and cause it to be published at lease once in the Carlsbad Journal fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of January, 1972, and thereafter PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council held on the 18th day of January, 1972, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis. NOES: None. ABSENT: None. ATTEST: (SEAL)