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HomeMy WebLinkAbout1974-06-05; City Council; 2220-1; Request for change of zone« ' - . '.!P HE CITY 'OF CARLSBAD, C A L I f'.O R N I A Supplement No. 1 Agenda. Bill No .. £220 £>a to : June .5, 1974 Referred To: • subject: Request for Chanae of Zone from R-l-7500 - submitted By: j to C-l with Specific Plan— l(A****£4s "& ]R-Pj . '„.....' (T ' * Planning Commissio APPLICANT: David Ellsworth •statoment_of_ t}ie__i4a.ttcT : The Planning Commission originally denied the request.for rezpning, "November 13, 1973." The City Council granted an Appeal December 4, 1973. The 'matter was returned to the Planning Commission for report, at which time the Planning Commission recommended that the City Council grant a Change of Zone to R-P (Residential- Professional) with adoption of a Specific Plan. The City Council received the Planning Commission report on the change of zone January 15, 1974, however, they tabled the final action pending resolution of the General Plan Amendment (LUA-10). The Specific Plan was noticed for public heanna February 6, 1974, but could not be held because of the General Plan requirements. Therefore, the Specific Plan was tabled. The Specific Plan has been noticed for public hearing June 5, 1974. The proposed R-P (Residential-Professional) zone revised to include financial institutions, and the Specific Plan restricting uses to Professional and Office uses, meet the intent of the P-A (Professional- Administrative) Land Use category. May 9, 1974 the City Council, approved the General Plan Amendment (LUA-10) and instructed staff'to return the re-zoning application to the agenda. The-public hearing has been closed. Formal reading of the resolution and first reading of Ordinance No. •granting a change of zone, is in order. Exhibit : 1. Staff report dated January 8, 1974 .8. Resolution 2. ' Planning Commission Report on City Council Action SP-142. 3. Plot Plan, Exhibit "A" '9- Ordinance Mo. ^3?i~adopting 4. Planning Commission' Resolution No. 993 denying change of zone. SP-142. 5. Planning Commission Resolution No. 3,023 .approving Specific Plan -* t M 4f C***£f\ <M/AV*4^»** *.v*V*v*'*'rt!f^-'' •* "^Ufr *6. Resolution No.^/JS adat|iiag^cnanTge of zone. •^ « i\C- t.PWJ-W.U.-i-V-'.i.l t-i\-/ • ^^j L^r *"«"^ **'^»^a*^i^i»«.«i-'*fy^y —-**—-•" ^ —- — — . 7. Ordinance No. y.^ySLamending Title 21 of Municipal Code granting change ofzone. —4-^-t,^- sta f.f RC co M m G n d a ti o n s to the City Manager: . 1. Staff recommends the City Council adopt Resolution No. J"/JS"and initiate first reading of Ordinance No.<?# lAgrantlng a change of zone from R-l-7500 to R-P (.Residential -Prof ess ionaTTperrecommendation of Planning Commission and staff. 2. The staff recommends the City Council adopt Resolution No.J/5/ approving the _ Specific Plan,'with conditions as recommended by the Planning Commission and staff. ' ^&flU^tf%^ ene y AB No .Date: June 5, 1974 City Manager's Recommendation Concur with staff recommendation. Council 'Action R-P was given a first reading Plan was given a first reading -2- tu 1 2 3 4 5 6 7 8 9 10 . 11 12 13 14 | 15 I 16 :5 "17 io !§ 18 CDCO 5 19 20 21 22 23 24 25 26 27 28 29 30 31 32 'ORDINANCE NO. 9393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANT- ING A CHANGE OF ZONE FROM R-l-7500 TO R-P (RESIDENTIAL-PROFESSIONAL) ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ELM AVENUE BETWEEN HIGHLAND DRIVE AND PIO PICO TO ALLOW THE DEVELOPMENT OF A FINANCIAL AND PROFESSIONAL COMPLEX. APPLICANT: DAVID A. ELLSWORTH The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: The following described real property is granted a change of zone from R-l-7500 to R-P (residential-profes- sional) : Portions of Tract 119 of Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County March 1, 1915. 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; \ ' ;• day of , 1974, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1974, by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: ROBERT C. FRAZEE, Mayor MARGARET E. ADAMS, City Clerk (SEAL) IS Q 5 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 z° 3 >£ £ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 9392 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A SPECIFIC PLAN (SP-142) ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ELM AVENUE BETWEEN HIGHLAND DRIVE AND PIO PICO TO ALLOW THE DEVELOPMENT OF A FINANCIAL AND PROFES- SIONAL COMPLEX. APPLICANT: DAVID A. ELLSWORTH The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: A Specific Plan (SP-142) is hereby .adopted to allow the development of a financial and professional complex on property generally located on the south side of Elm Avenue between Highland Drive and Pio Pico, more particularly described as Portions of Tract 119 of Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County March 1, 1915, said plan to consist of a plot plan marked Exhibit A to SP-142 dated June 27, 1973 , and an application with attachments on file in the office of the City Planning Department and incor- porated by reference herein, subject to all terms and conditions of this ordinance. SECTION 2; Findings. The findings and decision on Specific Plan (SP-142) contained in City Council Resolution No. and said resolution are incorporated by reference herein SECTION 3; Development Conditions. The Specific Plan (SP-142) is approved subject to the following conditions and restrictions and the development of the property, as described in Section 1 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limita- tions and restrictions of all municipal ordinances and state and federal laws now in force or which may hereafter be in force: 1. Unless the construction of the structures or facility is commenced not later than one year after date approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. <D n -. UU £. fM <fllIs 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 29 30 31 32 2. All requirements of any law, ordinance or regula- tion of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 3. Prior to obtaining any building permits, the appli- cant shall submit to the Planning Director a revised plot plan, in triplicate, showing the changes and conditions as required by-the Planning Commission. 4. Prior to obtaining a building permit and within 30 days hereof the applicant shall file with the Secretary of the Planning Commission written acceptance of the condi- tions stated herein. 5. Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be submitted, in triplicate, to the Planning Director. 6. All lighting shall be arranged to reflect away from adjoining properties and streets. 7. The lighting of the sign shall be accomplished in such a manner that there shall be no reflection on adjacent properties or streets which may be considered either ob- jectionable by adjacent property owners or hazardous to motorists. 8. An incombustible trash enclosure shall be provided of a size and location acceptable to the Planning Director, and said area shall be enclosed with a fence and/or wall of sufficient height to adequately shield the area. Said fence and/or wall shall include a solid gate. 9. A detailed landscape'and sprinkler plan prepared • by a landscape architect, shall be submitted to the Plan- ning Director for consideration and approval. 10. The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construe-, tion, and said fire appurtenances shall be functional prior to commencing such work. 11. The driveway providing access to the proposed development from Oak Avenue shall be eliminated. 12. Access to Elm Avenue shall be limited to either a single two-way driveway, or to a single one-way in and a single one-way out driveway to City standards. 13. Prior to the issuance of any permits a parcel map shall be filed with the City for consideration and approval. 14. Adjacent to the proposed parking area a six-foot- high wall shall be provided along all property lines. Said wall shall be of a design acceptable to the Planning Director. SECTION 4: Administration and Enforcement. The Building Department shall not approve any building for occupancy until the 2. o 8 -_ uj O z g 8 o o c " SZ P (A > P e t-o 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 29 30 31 32 Planning Director has certified that all the conditions of this ordinance have been satisfied. 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 adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 1974, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the day of , 1974, by the follow- ing vote, to wit: AYES: NOES: ABSENT: ROBERT C. FRAZEE, Mayor ATTEST : MARGARET E. ADAMS, City Clerk (SEAL) 3.