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HomeMy WebLinkAbout1981-05-05; City Council; 6569-1; ZC Change L C to CT Q and Appeal of ConditionCITY OF CARLSBAD AGENDA BILL NO. 6569, Supplement 1 Initial Dept. Hd DATE: May 5, 1981 C. Atty C. Mgr. DEPARTMENT: City Attorney Subject: ZONE CHANGE FROM L-C TO CT-Q AND AN APPEAL OF A CONDITION OF APPROVAL OF A SITE DEVELOPMENT PLAN RELATING TO AN EQUESTRIAN EASEMENT. Case No;ZC-223/SDP 80-13. Applicant;Vallas Statement of the Matter The City Council, at your meeting of April 21, 1981, directed the City Attorney to prepare the necessary ordinance approving a change of zone (ZC-223) from L-C to CT-Q. The City Council also indicated their intention to grant an appeal of a condition of approval for Site Development Plan SDP 80-13, per Planning Commission Resolution No. 1783, to delete Condition No. 21, which provided for an equestrian trail. A resolution approving the site development plan with the deletion of that condition has been prepared. In response to the Council's direction the resolution also provides for: A. A clarification that the heliport is not approved. B. A requirement that the applicant agree to indemnify and hold the city harmless from any liability resulting from the operation. C. A requirement that double water lines be installed to accommodate the use of reclaimed water to the satisfaction of the city engineer. D. That Condition No. 25 has been supplemented to indicate . that the Planning Commission may add additional conditions of approval to the Site Development Plan if that is determined to be necessary. Exhibits Ordinance No . Resolution No . (o ^ / $ Recommendation If the City Council concurs, your action is to Introduce Ordinance No. ^JST"f/ approving No. faflg* approving SDP 80-13. Ordinance No. JST"f/ approving ZC-223 and to adopt Resolution nq AGENDA BDX NO. 6569, Supplement #1 May 5, 1981 Page 2 COUNCIL ACTION: 5-5-81 Council introduced Ordinance No. 9589; Council adopted Resolution No. 6515. 5-19-81 Council adopted Ordinance No. 9589. to „CO g • OC CMDC< „ . ° <OIL ^ 5i°i§ 2 3 4 5 6 7 8 9 10 11 12 13 14 2^12 15mo<- 10 u. . 5<fe|5SUJ Z « <o E *" m O 16 17 18 19 20 21 22 23 24 25 26 27 28 c ORDINANCE NO.9589 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-223) FROM L-C (LIMITED CONTROL) TO CT-Q (TOURIST COMMERCIAL WITH Q-OVERLAY) ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL CAMINO REAL AND PALOMAR AIRPORT ROAD. APPLICANT: VALLAS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal Code* is amended by the amendment of the zoning map to grant a change of zone (ZC-223) from L-C (Limited Control) to CT-Q (Tourist Commercial with Q-Overlay) on property as shown on the map map marked ZC-223, Exhibit A, attached hereto and made a part hereof. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Cleric 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 meeting of the Carlsbad City Council held on the 5th day of May _, 1981, and thereafter o<COto C=? -» o Ul £HP O CDUJ 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 c PASSED AND ADOPTED at a meeting of said City Council held on the 19th of May , 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear & Kulchin NOES: None ABSENT: Council Member Lewis RONALD C. PACKARD, Mayor ATTEST : ALETHAL. RAUTENKRANZ^CltyClerkJ (SEAL) -2-' .... EXHIBIT A TO CITY COUNCIL ORDINANCE NO. 9589 ' M P-M to CT-Q L-C CASE 2-20-81 M APPLICANT 1 §• t CMoc <j o> "• u O u. * £0 O z 'Z . ujO i > 1 2 3 4 5 6 7 8 9 10 11 12 13 < 14 15 16>- s ° : H 8 Q, , ^. IN <r 2§^85t ^ 17 ^o tr 5 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.6515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SITE DEVELOPMENT PLAN FOR A MOTEL, RESTAURANT, OLYMPIC GOLF COURSE, CLUB HOUSE, TENNIS COURTS AND RACQUET BALL COURTS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL CAMINO REAL AND PALOMAR AIRPORT ROAD. APPLICANT: VALLAS. (SDP 80-13) WHEREAS, the Planning Commission of the City of Carlsbad, California did on March 25, 1981, after public hearing, adopt Resolution No. 1783, which is herewith referred to and made a part hereof, approving Site Development Plan (SDP 80-13) to construct a recreational commercial facility on an 18.04 acre site generally located on the southwest corner of El Camino Real and Palomar Airport Road, more particularly described as: That portion of Palomar Airport in Lot "G" of Rancho Agua Hedionda, County of San Diego, according to Map No. 832, and WHEREAS, said Site Development Plan has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980; WHEREAS, on April 21, 1981 the City Council held a public hearing on the matter and received all recommendations and heard all persons interested in or opposed to the approval of Site Development Plan (SDP 80-13); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: Q W § CC CM .0 "- D 5S° ilz ,. in ;r iz §§ Z O co 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 A. That the above recitations are true and correct. B. That The findings of the Planning Commission in Resolution No. 1783 constitute the findings of the City Council in this matter. C. That Site Development Plan (SDP 80-13) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1783, marked Exhibit A, attached hereto and made a part hereof, except as follows: 1. Condition No. 21 is deleted. 2. Condition No. 25 is amended by the addition of the following: "The Planning Commission may add any conditions of approval that they consider necessary." 3. The Site Development Plan is subject to the following additional new conditions: "The heliport originally proposed for this project is expressly not approved." "Applicant shall agree to indemnify and hold the City harmless from any liability the City might incur resulting from the operation." "Dual water lines shall be installed throughout the project to accommodate the potential future use of reclaimed water to the satisfaction of the City Engineer." PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on -2- 1 2 3 4 6 7 8 9 10 11 12D § § 13 CC < S gfeii 14 ::' >• | ol: $ - 15 UlO "- It D 16 § 1? 18 19 20 21 22 23 24 25 26 27 28 the 5th day of vote, to wit: , 1981 by the following .AYES: Council Members Packard, Casler, Lewis, Anear and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk } (SEAL) 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 (C EXHIBIT A TO CITY COUNCIL RESOLUTION No. 6515 PLANNING COMMISSION RESOLUTION NO. 1783 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO DEVELOP A RECREATIONAL "COMMERCIAL FACILITY TO INCLUDE A MOTEL, REST- AURANT, OLYMPIC GOLF COURSE, CLUB HOUSE, HELIPORT, TENNIS COURTS AND RACQUET BALL COURTS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL CAMINO REAL AND PALOMAR AIRPORT ROAD. APPLICANT: VALLAS CASE NO; SDP 30-13 WHEREAS, a verified application has been filed with the city of Carlsbad, and referred to the Planning Commission? and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code? and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did> on the llth day of March, 1981, and the 25th day of March, 1981, consider said request on property described as: That portion of Palomar Airport in Lot "G" of Rancho Agua Hedionda, County of San Diego, according to Map No. 832 WHEREAS, at said hearing, -upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to Site Development Plan No. 80-13. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the city of Carlsbad as follows: A) That the foregoing recitations are true and norrect. B) That based on the evidence presented at the hearing, the Commission APPROVES SDP 80-13, based on the following findings and.subject to the following conditions: Findings: 1) The site is physically suitable for the type, density and 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 <e design of the development since the property is adequate in size.and topography to accommodate the project and still meet all city regulations without any significant environ- mental impacts. 2) The project is consistent with all city public facility- policies and ordinances since: a) 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. b) All necessary public improvements have either been provided or will be required as conditions of approval. c) The Planning Commission has, by inclusion of an . appropriate condition, insured that the project will not be approved unless the City Council finds that sewer service is available to serve the project* Since that project cannot be approved unless sewer' service -is available, and building cannot occur within the project unless sewer service remains available, 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. 3) The design of the project and all required improvements will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on February 20, 1981, and approved by the Planning Commission on March 25, 1981, 4} The proposed development .is consistent with the Land Use Element and all other applicable elements of the General Plan. . 5) The proposed development as conditioned is consistent with surrounding development, both existing and future. Conditions . 1) Approval is granted for SDP 80-13, as shown on Exhibit A-E, dated February 20, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) 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. PC RESO #1783 -2- 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 7) 3. 3) 4) 5) 6) 8) 9) 10) 11) 12) 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 August 29, 1979, 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 4, 1981, 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 ef.fect 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. The applicant shall prepare a reproducible mylar of the final site development plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. - - The applicant shall prepare a "detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to issuance of building permits. Said plan shall include landscaping and mounding along El Camino Real to screen the parking lot from this street. Parking lot trees shall be a minimum 15 gallon size. All landscaped areas shall be maintained in a healthy and thriving condition, free- from weeds, trash, and debris. No signs are approved as part of this application. 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. Planning Department prior to installation of such signs. A uniform sign program for this development shall be sub- mitted to the Planning Department for their review and approval prior to occupancy of any building. Trash receptable areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Director prior to the issuance of a building permit. ' PC RESO #1783 1 2 Director. 3" 8 Zone Change 223 by the City Council. 9 16) The driveway access on Palomar Airport Road shall be moved 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 13) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building 14) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertsing and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District. 15) Approval of SDP 80-13 is granted subject to approval of to a point at least 500 feet west of El Camino Real. Only right turns in and out shall be permitted and no median break shall be allowed. The driveway shall be shown on the revised Site Development Plan required pursuant to Condition No. 6 and shall be subject to the approval of the City Engineer. 17) The applicant shall provide 15 additional parking spaces on-site and adequate vehicle turnaround space at the end of each driveway aisle. Said parking spaces and turnaround areas shall be shown on the revised Site Development Plan (Condition No. 6) and shall be subject to the approval of the Planning Director prior to the issuance of a building permit. 18) Lighting of the tennis courts, golf course, and parking lot shall be directed inward to the site and shall not reflect or spill over to adjacent "properties or streets subject to the satisfaction of the Planning Director. 19) A median island shall be constructed along El Camino Real for the entire length of the property which shall allow left turn movements for traffic proceeding north on El Camino Real in.to the site, however, which shall prohibit left turn < • movements out of the site. The design of said median island shall be subject to the approval of the City Engineer and shall be installed prior to occupancy of any buildings- 20) The applicant shall construct half street improvements along . the entire length of El Camino Real and along Palomar Airport Road extending from the access driveway, to the intersection of El Camino Real prior to occupancy of any buildings. Also, the applicant shall construct a half median along the entire length of El' Camino Real and. along Palomar Airport Road from the access driveway to the intersection of El Camino Real and Palomar Airport Road prior to occupancy of any buildings. Additionally, the owner shall enter into a lien contract for future half street improvements along Palomar Airport Road for the remaining property frontage .prior to the issuance of building permits. 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 27 2C Q 21) A 10' wide equestrian trail shall be provided along the south and east side of the property by easement or other form to the satisfaction of the Planning Director and Parks and Recreation Director prior to final occupancy of any buildings. The revised site plan required per Condition No. 6 shall indicate the location of this easement. 22) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 23) Additional drainage easements and structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engineer. 24) Direct access rights shall be waived along all property frontages on Palomar Airport Road and El Camino Real except for one driveway access on each street as shown on the revised Site Development Plan. 25) The Planning Director shall review this Site Development Plan after one year to ensure that there are no problems with the operational aspects of the use including but not limited to traffic circulation, lighting, signing and golf course use. The Director shall recommend to the Planning Commission that the public hearing on this item be reopened if he determines the operational aspects of the use is detrimental or in-jurious to the public's health and welfare. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 25th day of March, 1981, by- the following vote, to wit: AYES: Chairman Marcus, Commisioners Jose, Friestedt, Larson, Rombotis, L'Heureux, and Leeds. NOES: None. ABSENT: None. ' ' ABSTAIN: None. ATTEST:MARY MAJ«7US, Chairman CARLSBAD/PLANNING COMMISSION . ^ . JANETS C. HAGRHSN7 Secretary /CARLSBAD PLANNING-^OMMISSION PC RESO #1783 *5-