HomeMy WebLinkAbout1979-06-05; City Council; 5866; Placing Q Zone on Property Presently Zoned R-P South Side of Elm Avenue West of HighlandCITY OF CARLSBAD
Initial
AGENDA BILL NO: & $ &> (0 • Dept. Hd.
DATE: ' June 5, 1979 Cty. Atty
Cty. Mgr.
DEPARTMENT: Planning .
SUBJECT :
PLACING Q ZONE ON PROPERTY PRESENTLY ZONED R-P
SOUTH SIDE OF ELM AVENUE, WEST .OF HIGHLAND
Statement of the Matter
The. subject site as indicated on the attached map is zoned R-P The R-P
Zone permits professional and multiple family uses. When the property -
was originally zoned to R-P (ZC-134) , the City adopted a Specific Plan - '
showing precise development of office buildings (SP-192) . However the
Specific Plan has a condition mandating expiration after one year if no
jSnuarTTf ?S?7rr6^ ThiS exPiration ™* extended by Ordinance 9431 toJanuary -18, 1977. Since nothing has occurred on the property, the Specific
- -Plan is now technically null and void. • ^P^XEIC..
Therefore, it appears that the City has no jurisdiction over development
??Jl ^ site other than the basic requirements of the zone and administra-
tive plan review. This may be a problem since the area is relatively
?nn!;SJ?? WXS! Bounding residential uses and the. Civic Center complex.
•In addition th| R-P Zone permits banks which generally are developed with
drive-through facilities; CUP is not required for drive -.through bank.
?enter Properties and all -other properties along Pio Pico have
the Q Overlay. The Q Zone requires site development plan approval by the
Planning Commission. The subject site, is the only R-P zoned property in
.the^area not with a Q Overlay. Therefore in order to review developments
in the entire Civic Center areas the staff recommends that the Q Overlay
Zone be applied to the subject site.' Y
"•*Attachments • ' .. • •
Location map • ^
• Ordinance 9392
Ordinance 9431 .
Recommendation . * •
If the City Council concurs, you should direct staff -to prepare a zone
change for the subject site to place the Q Overlay onto the existinq
R-P Zone and 'submit to Planning Commission for hearinq
BP:jd . v-
•Council Action: 6-5-79 . . ...
Council concurred with staff recommendation-, • directed staff to prepare a zone
change for subject si.te to place the Q Overlay ''onto the existing R-P Zone and
submit to Planning Commission for hearing.' " .,
5TUD> TO INITIATE
TO
^IEOo^_^£2L2^y
8 pnpT'fWITH
OVEFMAY
.-*>.VINCENT F. BIONDO, JR. ACITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081
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ORDINANCE NO. 9392
AN ORDINANCE OF 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.
3434 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.
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T F. BIONDO, JY - CITY OF Ci1 ELM AVENUE, CALIFORNIA i^ z g Q
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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 construc-
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
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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 5th day of June , 1974,
and thereafter PASSED AND ADOPTED at a regular meeting of said
Council held on the 18th day of June , 1974, by the follow-
ing vote, to wit:
AYES: Councilmen Frazee, Chase and McComas
NOES: None
ABSENT: Councilman Lewis
ROBERT C. FRAZEE, -Mayor
ATTEST :
MARGARET E. ADAMS,(City Clerk
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ORDINANCE NO. .9431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE 9392
WHICH ADOPTED SPECIFIC PLAN (SP-142) ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF ELM AVENUE
" . BETWEEN HIGHLAND DRIVE AND PlO PICO TO EXTEND THE
PERIOD OF COMMENCEMENT.^ APPLICANT: DAVID A.
ELLSWORTH. .
The City Council <of the city of Carlsbad, California does-
ordain as follows:
SECTION 1; That .Ordinance 93"92 adopting Specific Plan
•(SP-142) is amended by the amendment of Condition Number 1 of
Section 3 of said ordinance to read as follows:
"The specific plan shall be null and void if con-
struction of the structures or facility is not
commenced by January 18, 1977 and diligently
pursued thereafter. The Planning Commission may
extend the specific plan upon the applicant's'
written request. An extension shall not exceed
one year from the proceeding expiration date. No
more than two such extensions may be granted."
• 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 the regular meeting of the
Carlsbad City Council held on the 15th day of July , 1975,
and thereafter •
PASSED AND ADOPTED at a regular meeting of said Council
held on the 5th day of August , 1975, by the following vote.
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to wit: • . •
AYES: Councilman Frazee, Chase, Skotnicki and
Councilwoman Casler
NOES: Councilman Lewis
• . ABSENT: None
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• , ' • ' ROBERT C. FRAZEE, Mayor
ATTEST:
• —T/W -^ ># /? / J/7Ca*-craA.f7^. C.. wofa^Cx/^'
MARGARET^E. ADAMS, City Clerk0
(SEAL) .
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