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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 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 c 1 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. • ' « Q to _C/J g rr **~ CM T F. BIONDO, JY - CITY OF Ci1 ELM AVENUE, CALIFORNIA i^ z g Q — S 3 1- 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 c c 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 2. o m s m-s, O tfc5 s 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 CO I 15o> I 16 17 18 19 20 21 22 ?3 25 26 27 28 29 30 31 32 jf- 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 •' . •, \'- f . ^ Q ea 3= 0 u. 1 0 ; 7 ' | fco • k X •"• ** T/1^-7"7~ 1 2 3 4 5 6 7 8 9 10 11 iz 13 14 1 1S !| 16 |3 17j r*u wis" is |, 19 20 21 22 23 24 25 26 27 28 r^Lw 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. -*• * • v t* t » ' t- 1 2 3 4 5 6 7 8 9 10 11 12 13 S ' 14 <n 'en *** *« 1 15 -»S. " g $ S i 16 ^2! 17 2 | § § 18 Z g w >g |- 19 . 1 20 21 22 23 24 25 26 27 28 r' . r ^-~ ^"" . ^**- • -'sv to wit: • . • AYES: Councilman Frazee, Chase, Skotnicki and Councilwoman Casler NOES: Councilman Lewis • . ABSENT: None ^ ^f***^ ^^^ ^TSI **~y ' • , ' • ' ROBERT C. FRAZEE, Mayor ATTEST: • —T/W -^ ># /? / J/7Ca*-craA.f7^. C.. wofa^Cx/^' MARGARET^E. ADAMS, City Clerk0 (SEAL) . • . ™ ' . * . ^ • 2- - • ' ' " '.•'•'