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-