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Home My WebLink About1984-03-06; City Council; 7591-1; Introduction of Ordinance Palomar & CompanyCKOF CARLSBAD - AGEND'BILL LB# '7591 -1 TITLE 1"JCrIoN OF ORDINANCE APPrnNG IITG. 3/6/84 ZC-292 - Pm & COMPANY ClTYAlTY A ~ RECOMMENDED ACTION: It is recormended that the City Council introduce Ordinance No. 9704, APPRWING ZC-292 . ITp'l ExPmTIoN The City Council at its meeting of Dedr 20, 1983 indicated its intent to approve ZC-292, a me change to WQ on property located at the mrtheast corner of Palomar Airport Fbad and Avenida Encinas (location map attached). However, based upon traffic and circulation concerns, the Council decided not to introduce the ordinance apwoving the zone change until a traffic study was completed which would recamend roadway improvement conditions to be placed an the property. study. The Engineering Department has indicated that the study will be conpleted near the middle of April. Staff was directed to hire a consultant to prepare the traffic The applicant has sUtted a letter asking the City Council to reconsider pnd introduce Ordinance No. 9704 because of severe time constraints they are facing. They have agreed to a mndition being placed on the zone change which would require them to canply with any of the recarmendations of the traffic study. Staff feels canfortable with this. be approved by the City before any development on the property can occur. Approval of the site plan will be conditioned on the specific conditions recamended by the traffic study. Also, a site development plan will have to The Engineering Department has provided a preliminary review of the traffic- related concerns associated with this property. dedication and improvement for the widening of Avenida Encinas and Palanar Airport Road and the need for a traffic signal at the intersection. conditions regarding these concerns will also be reconanended at the time a site developnent plan is considered for the property. These include the need for Specific EXHIBITS 1. Lacation Map 2. Ordinance No. 9704 3. Letter from Applicant 4- Memorandum dated March 15, 1984 to Council from the Land Use Planning Office. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP FROM C-1, C-2 AND R-A-lO,OOO TO CT-Q ON APPROX- IMATELY 5.96 ACRES ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 1-5 AND PALOMAR AIRPORT ROAD. APPLICANT: PALOMAR SI COMPANY CASE NO: ZC-292 CARLSBAD, CALIFORNIA? AMENDING TITLE 21 OF THE The City Council of the City of Carlsbad, California, 3oes ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is smended by the amendment of a zoning map from C-1, C-2 and R-A-10,oOO to CT-Q on property as shown on the map marked ZC-292 - Sxhibit "A", attached hereto and made a part hereof. SECTION 2: This project is approved subject to the Eollowing conditions: 1) The applicant shall pay a public Eacilities fee as required by City Council Policy No. 17, dated lugust 29, 1979, and amended on April 2, 1982, on file with the Zity Clerk and incorporated herein by reference, and according to t che agreement executed by the applicant for payment of said fee a zopy of that agreement dated October 5, 1983, is on file with the :ity Clerk and incorporated herein by reference. If said fee is lot paid as promised, this application will not be consistent with :he General Plan and approval for this project shall be void. Said Eees shall be paid based on the April 2, 1982 version of Policy No. 17; 2) Applicant agrees to participate in any benefit area, improvement district or assessment district formed by the City for :he purpose of constructing or paying for the construction of ?ublic traffic facilities in or about the intersection of Palomar iirport Road and Interstate 5? Palomar Airport Road and Avenida 1 .. . 1 3 4 6 7 a 9 10 11 13 14 15 16 17 18 19 21 22 23 24 25 26 27 20 Encinas, or Palomar Airport Road and Carlsbad Boulevard, as may be recommended by the Berryman-Stevens Traffic Study for Palomar Airport Road and 1-5 or as otherwise required by the City ("the Facilities"). In the event the City adopts any other method of financing the Facilities which spreads the cost of the Facilities over an area which is similar to an area which would support an assessment district, including but not limited to cash contributions, Applicant agrees to pay his proportionate share. Applicant waives on behalf of themselves and their SUCC~SSO~S, heirs, and assigns all objections or protests to such assessment district or other method of financing the facilities; and 3) Applicant recognizes that the CT-Q Zone requires site development approval and that the City may require, as a condition of such approval, that Applicant construct or contribute to the cost of some or all of the Facilities, on or off site, which the City Council determines may be required to accommodate the traffic created by uses contemplated in the site development plan. 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 adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 20th - day of March I 19 84 and - thereafter //// //// //// -2- .. (I 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 PASSED AND ADOPTED at a regular meeting of said City 8 84 Zouncil held on the 3rd day of April I 19 ~y the following vote, to wit: AYES: NOES: ABSENT: Council hers Casler, Lewis, Kulchin, Chick and Prescott Y-dL MARY H. PASLER, Mayor 9TTEST: [SEAL) -3- .' c I PALOMAR AND CO. '' I! ZC-292 a rl 5850 Avenida Encinas, Suite A .:- Carlsbad, California 92008 .. Phone 619/438-3141 February 20, 1984 Mr. Frank Aleshire CITY MANAGER City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 mar Mr. Aleshire: This letter is to request the City Council to act on Item AB #7591-Request for Zone Wing the regularly scheduled City Council Meeting of December 20, 1983, the abwe mentioned request for zone change was unanimously approved with the provision that the second readiq of the ordinance would be postponed until the City had the results of a traffic study'. The above mentioned traffic study was to have been canpleted in approximately 45 days. It is our understanding that it will not be canpleted and reviewed by Staff until May, an addition of three (3) months past the 45 day postponement the Council approved. This delay will severrdamage our project by terminating our agreement with Marie Callender' s Restaurant. . Change - ZC-292 - Palomar & Co., and bld the second reading of Ordinace 19704. Your pranpt attention to this matter will be greatly appreciated. Sincerely , Mark Nordquist I cc: Mary Casler Wld Lewis Ann Kulchin Robert Pre-tt Richard Chick Contractors License No. 378383 , .. 5850 Avenida Encinas, Suite A Carlsbad, California 92008 Phone 61 91438-31 41 Feb- 27, 1984 Mr. Marty Orenyak Director of Building & Planning CITY OF CART-SBAD 1200 Elm Ave. Carlsbad, CA 92008 RE: Offsite Improvements Relative to Palm Place Dear Marly: ?his is a letter of agreement that Palm CO. will install, or cause to be installed, our fair share of offsite improvements required by the pending traffic engineering study. In addition, w= will be willing participants in any subsequent assesentor improvemnt district relative to the above rrrentioned offsite irrprovemnts. If you have any questions or corrmnts, please call me per- sonally. Sincerely, State Contractors License No. 378383 . .. MARCH 15, 1984 TO: CITY COUNCIL FROM: Land Use Planning Office ZC-292 - PALOMAR t COMPANY This item was continued from the City Council meeting of March 6, 1984 at the request of the applicant. The applicant was concerned about the wording of the conditions being placed on the zone change. Since that time staff has met with the applicant agreed on revised wording for conditions 2 and 3 of-Ordinance 9704 approving ZC-292. The previous wording was as follows: All recommended conditions of the traffic study which is being completed for the Palomar Airport/Interstate 5 area by Berryman-Stevens shall be complied with in their entirety. These improvements may include the widening of Palomar Airport Road and Avenida Encinas and the construction of a traffic signal at the intersection Additional requirements necessary to mitigate traffic and other impacts which result from development of the site shall be imposed as conditions of the site development plan for this property. revised wording is as follows: Applicant agrees to participate in any benefit area, improvement district or assessment district formed by the City for the purpose of constructing or paying for the construction of public traffic facilities in or about the intersection of Palomar Airport Road and Interstate 5, Palomar Airport Road and Avenida Encinas, or Palomar Airport Road and Carlsbad Boulevard, as may be recommended by the Berryman-Stevens Traffic Study for Palomar Airport Road and 1-5 or as otherwise required by the City ("the Facilities"). In the event the City adopts any other method of financing the Facilities which spreads the cost of the Facilities over an area which is similar to an area which would support an assessment district, including but not limited to cash contributions, Applicant agrees to pay his proportionate share. Applicant waives on behalf of themselves and their successors, heirs, and assigns all objections or protests to such assessment district or other method of financing the facilities. * .. ,- 3) Applicant recognizes that the CT-Q Zone requires site development approval and that the City may require, as a condition of such approval, that Applicant construct or contribute to the cost of some or all of the Facilities, on or off site, which the City Council determines may be required to accommodate the traffic created by uses contemplated in the site development plan. The revised wording has been incorporated into Ordinance No. 9704. Land Use Planning Manager MJB/ar