HomeMy WebLinkAbout1984-05-15; City Council; 7740-1; EIR, ZONE CHANGE, SPECIFIC PLAN, TENTATIVE MAP & CONDOMINIUM PERMIT | EIR 83-1 | AC - 272 | ZC-274 | SP-190 | CT 83-36 | CP-273 | DEL MAR FINANCIAL1
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'AB# 7740-1 TITLE EIR, ZONE CHANGE, SPECIFIC PLAN, DEPT. t TENTATIVE ?'IAP CONDOMINIUM PERMIT CITY Ai
.3IR 83-1/ C-272/ZC-27 /SP-l90/CT 83-36/CP 273 CITY M
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Y MTG. 4/15/84 .
DEPT. CA A DEL MAR FINANCIAL
RECOMMENDED ACTION:
If the City Council wishes to approve the above titled project your action is to adopt Ordinances Nos. 9715, 9716 and 9717 and
Resolution No. 7603 , approving C-T 83-36 and CP-273.
ITEM EXPLANATION
The City Council at your meeting of May 1, 1984 introduced
Ordinances Nos. 9715, 9716 and 9717 and directed our office to
prepare documents approving CT 83-36 and CP-273.
resolution in that regard is attached.
Department will report separately on the compliance with the
requirements of the Airport Land Use Commission.
If the Council concurs, your action is to adopt the ordinances
and the resolution.
The necessary
The Land Use Planning
EXHIBITS
Ordinance No. 9715
Ordinance No. 9716
Ordinance No. 9717
Resolution No. yL&3
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RESOLUTION NO. 7603
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 LOT TENTATIVE TRACT MAP (CT 83-36) AND NONRESIDENTIAL CONDOMINIUE
PERMIT (CP-273) ON A 99 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO
REAL SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL
CASE NO: CT 83-36/CP-273.
WHEREAS, on April 11, 1984, the Carlsbad Planning
Commission adopted Resolution No. 2270 and Resolution No. 2;
recommending to the City Council that Tentative Tract Map ((
36) and Condominium Permit (CP-273) be approved; and
WHEREAS, the City Council of the City of Carlsbad,
May 1, 1984, held a public hearing to consider the
recommendations and heard all persons interested in or oppos
Tentative Tract Map (CT 83-36) and Condominium Permit (CP-2;
and l
WHEREAS, an Environmental Impact Report (EIR 83-1 )
prepared and certified on March 28, 1984 as complete in
satisfaction of the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1980 and the Californi
Environmental Quality Act;
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NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California as follows:
A. That the above recitations are true and Correct
B. That the findings of the Planning Commission ir
Resolutions No. 2270 and 2271 constitute the findings of the
Council in this matter. ///
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C. That said Tentative Tract Map, together with tk
provisions for its design and improvement and subject to thc
conditions of this resolution, is consistent with all applic
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 83-36 and Condomini
Permit CP-273 are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commisz
Resolutions No. 2270 and 2271, dated April 11, 1984 marked
Exhibit A and B respectively, attached hereto and made a pal
hereof.
PASSED, APPROVED, AND ADOPTED at a regular meeting
the City Council of the City of Carlsbad, California on the
15* day of pay , 1984 by the following vote, to wj
AYES :
NOES: Council Ykr Lewis
ABSENT: Council Hmber Kulchin
Council mas Casler, aZick and prescott
I 9L-+d PA MARY H. C LER, Mayor
ATTEST:
x I ALETHA L. RAUTENK
(SEAL)
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PLANNING COMMISSION RESOLUTION NO, 2270
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF' CARLSBAD, CALIFORNIA, APPROVING A
12 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF COLLEGE BOULEVARD.
APPLICANT: DEL MAR FINANCIAL
CASE NO: CT 83-36
WHEREAS, a verified application for certain proper
wit: Portions of Lots B and E of Rancho Agua Hedionda, City of Carlsbad, according to Map thereof No, 823
in the office of the County Recorder, May 1, 1915, County of San Diego, State of California,
has been filed with the City of Carlsbad, and referred to t
Planning Commission; and
WHEREAS, said verified application constitutes a r
as provided by Title 21 of the Carlsbad Municipal Code; and 1 WHEREAS, the Planning Commission did, on the 28th
March, 1984, and on the 1 lth day of April, 1984, hold a dul
noticed public hearing as prescribed by law, to consider sa
request; and
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I WHEREAS, at said public hearing, upon hearing and i
'considering all testimony and arguments, if any, of all per
desiring to be heard, said Commission considered all factor
relating to the Tentative Tract Map; and
I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann '
Commission as follows:
(A) That the foregoing recitations are true and correct. ! j(l3)
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That based on the evidence presented at the public hea the Commission hereby APPROVES CT-83-36, based on the
following findings and subject to the following condit
:':ndings:
The project is consistent with the City's general plan the proposed subdivision meets the standards and the ii the 0 (Professional and Related Commercial), and C (COI
Commercial) categories of the General Plan,
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2) The site is physically suitable for the type and densi
the development since the site is adequate in size and to accommodate development as proposed, as discussed i
staff report .
3) The project is consistent with all City public facilit icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured tha final map will not be approved unless the City Cou finds that sewer service is available to serve the
project. In addition, the Planning Commission has condition that a note shall be placed on the final that building permits may not be issued for the pr
unless the City Engineer determines that sewer ser available, and building cannot occur within the pr unless sewer service remains available, and the P1 Commission is satisfied that the requirements of t public facilities element of the general plan have
met insofar as they apply to sewer service for thi project.
b) All necessary public improvements have been provid
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will be required as conditions of approval.
c) The applicant has agreed and is required by the in of an appropriate condition to pay a public facili
fee. Performance of that contract and payment of will enable this body to find that public faciliti be available concurrent with need as required by t I general plan.
14) The proposed project is compatible with the surroundin j
future land uses since surrounding properties will be I/
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I ' of two right-turn-only accesses connecting A Stre Camino Real south of College Boulevard.
PC RES0 NO. 2270 -2- !
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B. Land Use - The potential for a significant impact
future residential areas and between the proposed residential area at the east end of the project ar approved Carlsbad Ridge Project. Both of these ax shown for future development, requiring amendment5
Specific Plan and allowing for future review and
conditions, Provisions of the Specific Plan requj landscaping to buffer the proposed commercial/off j center from adjoining land uses. The future resid development would be restricted to no more than 2 This lower density should ensure compatibility wit
neighboring residential uses.
Topography and Visual Aesthetics - Future developn proposed would result in significant alterations 1
existing landforms. Most of the trees associated oak-woodland are being preserved as open space. 1
use exists between the large commercial shopping 2
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landscaping and design measures have been incorpor
into the specific plan to reduce visual impact.
D. Air Qualit - Identified impacts on air quality wo
Hdered significant based on the Regional
nature and true mitigation must occur on a regiona
The benefits of the proposed project in providing employment opportunities and revenues would over-r
E. Archaeology - Five archaeological sites were found project area which could be significantly affected
development. These sites will be required to be n by a qualified archaeologist as a condiition of th
I j I 1 Quality Strategies. These impacts are cumulative
I 1 cumulative aspects. I i
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H, Geology/Soils/Paleontology - Future development of
property could be significantly affected by soil instability and development could also significant affect paleontological resources. A detailed geot
is being required prior to the issuance of buildin
permits and a qualified paleontologist will be req
monitor grading, pursuant to the Specific Plan,
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1PC RES0 NO. 2270
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9: subject property unless the City Engineer determines t
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time of occupancy. This note shall be placed on the f
This project is approved upon the express condition tb
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I I map.
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be consistent with the General Plan and approval for 1 project shall be void.
Approval of this request shall not excuse compliance 1
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I CCGR's shall be submitted to and approved by the Land
I Planning Manager prior to final map approval.
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9) A 500' scale map of the subdivision shall be submitted
Land Use Planninq Manager prior to the recordation of final map. Said map shall show all lots and streets F and adjacent to the project,
10) All landscaped areas shall be maintained in a healthy
thriving condition, free from weeds, trash, and debris
11) The applicant shall submit a street name list consiste the City's street name policy subject to the Land Use Manager's approval prior to final map approval,
12) The project shall provide bus stop facilities at locat subject to the satisfaction of the North County Transj trict. Said facilities shall at a minimum include a t free from advertising, and a pole for the bus stop si5 bench and pole shall be designed in a manner so as to detract from the basic architectural theme of the pro: said design shall be subject to the approval of the Lz Planning Manager and North County Transit District.
13) The project shall attempt to develop a ride to work ar
program for its employees with the North County Trans] trict, Furthermore, the project shall attempt to limi staggering of worker shifts so as to facilitate the SI said program.
14) Approval of Tentative Tract No. CT 83-36 is granted si
All conditionsof approval for CT 83-36 shall be incorl into SP-190.
Engineering Conditions
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approval of Zone Changes 272 and 274 and Specific Plar
The developer shall obtain a grading permit prior to 1
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Engineer, The plan shall clearly show all the geolog: exposed by the grading operation, all geologic correci measures as actually constructed and must be based on tour map which represents both the pre and post site 1 This plan shall be signed by both the soils engineer engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent
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18) No grading shall occur outside the limits of the subdi
unless a letter of permission is obtained from the own the affected properties,
All slopes within ;his project shall be no steeper tha 19)
20) Additional drainage easements and drainage structures
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City neer .
21) The developer shall pay the current local drainage are
prior to approval of the final map or shall construct age systems in conformance with the Master Drainage P1
City of Carlsbad Standards as required by the City Eng
The developer shall construct desiltation/detention ba a type and size and at locations as approved by the Ci Engineer. The developer shall enter into a desiltatio maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approva I final map for this project. Each desiltation basin sh
serviced by an all weather access/maintenance road. T
provisions of this agreement shall apply to any off-si borrow sites which may be utilized in the construction I project as required by the City Engineer.
23) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the ad jact
property prior to approval of the final map,
24) Land for all public streets and easements shown on the tative map shall be dedicated on the final map and sha: granted to city free and clear of all liens and encum-
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be approved by the City Engineer prior to approval of 1
final map. The structural section of all private strec shall conform to City of Carlsbad Standards based on R- tests. All private streets and drainage systems shall I
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by the homeowner's association in perpetuity. This res sibility shall be clearly stated in the CC&R's. i
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28) All concrete terrace drains shall be maintained by the
associakion (if on cemmonly owned property) or the ind property owner (if on an individually owned lot), An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's,
29) This subdivision contains a remainder parcel. No buil permit shall be issued for the remainder parcel until further subdivided pursuant to the provisions of Title the Carlsbad Municipal Code. This note shall be place
final map.
30) Approval of this tentative tract map shall expire twen months from the date of City Council approval unless a
map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied discretion of the City Council. In approving an exten
the City Council may impose new conditions and may rev
31) Direct access rights for all lots abutting El Camino R
1 existing conditions,
College Boulevard shall be waived on the final map.
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1 improvements.
I Prior to the issuance of any building permits within a
particular phase of the project the developer shall de or obtain the dedication of all onsite or offsite ease necessary to complete the improvement requirements sta
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I 35) The sewer system as shown on the tentative map is spec
I not approved. The complete system shall be designed i conformance with a master sewer basin concept to the
satisfaction of the City Engineer. The developer shal city approval of the design, enter into a secured agre with the city for the construction and obtain any nece
offsite easements to complete the construction of the
project. I improvements prior to the approval of any final map on
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36) "Bn Street shall be dedicated on the final map as a ge access and public utility easement,
37) Area C-1 and D-1 shall not be developed without an me to Specific Plan 190, The dedication and improvement requirements for those areas including provisions for to the property adjacent to Area C-1 designated "not a shall be determined at the time of the specific plan amendment,"
38) The developer shall design and construct the traffic s the intersection of El Camino Real and College Bouleva concurrent with the construction of the first phase improvements unless an alternate arrangement is approv the City Engineer. Since this traffic signal is inclu
within the City's Public Facilities Management plan th developer shall receive a credit from the City against payment of the Public Facilities Fee in an amount qua the cost of the signal design and installation. The C will reserve the right to review and approve the bid proposals for the design and the construction contract
the signal.
The developer shall design and enter into a secured ag for the construction of the traffic signal at the intersection of College Boulevard and "A" Street. The construction of said signal shall be undertaken by the developer at the written request of the City Engineer proper traffic warrants are met .
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40) Prior to approval of any final map within the project developer shall dedicate or secure the dedication of t
width College Boulevard and the half width of El Camin
I/ within and adjacent to the project. Such dedications
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I conditions.
ire Conditions 1
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Prior to the issuance of building permits, complete bu plans shall be submitted to and approved by the Fire Department,
42) Additional public and/or on site fire hydrants shall bl
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quired if deemed necessary by the Fire Marshall.
The applicant shall submit two (2) copies of a site pl showing locations of existing and proposed fire hydran on site roads and drives subject to the approval of thc Marshall ,
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44) An all weather access road shall be maintained through
45) All required fire hydrants, water mains and appurtenan shall be operational prior to combustible building mat being located on the project site.
key operated override switch, as specified by the Fire
47) All fire alarm systems, fire hydrants, extinguishing s automatic sprinklers, and other systems pertinent to t project shall be submitted to the Fire Department for prior to construction.
48) Building exceeding 10,000 sq.ft. aggregate floor area I
sprinklered or have four-hour fire walls with no openii therein which shall split the building into 10,000 sq. less) areas.
49) Landscaping plans shall conform to the Fire Protection contained in the City of Carlsbad Landscape Guidelines I I Manual.
I PASSED, APPROVED AND ADOPTED at a regular meeting t
Planning Commission of the City of Carlsbad, California, he:
construction.
46) Proposed security gate systems shall be provided with
partment .
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the 11th day of April, 1984, by the following vote, to wit:
AYES : Chairman Rombotis, Commissioners Rawlins,
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i ABSTAIN: None.
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PLANNING COMMISSION RESOLUTION NO. 2271
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT
CARLSBAD, CALIFORNIA, APPROVING A NON-RESIDENTIAL CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED E
EL CAMINO REAL, SOUTH OF COLLEGE BOULEVARD.
APPLICANT; DEL MAR FINANCIAL
CASE NO.: CP-273
WHEREAS, a verified application for certain proper
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wit:
Portions of Lots B and E of Rancho Agua Hedionda,
City of CarlSbad, according to Map thereof No. 823
the office of the County Recorder, May 1 I 1915, in
County of San Diego, State of California,
has been filed with the City of Carlsbad, and referred to tl
Planning Commission; and
WHEREAS, said verified application constitutes a rf
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 28th (
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NOW, THEREFORE, BE TT HEREBY RESOLVED by the Planni 1 lcommission as follows:
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I Commission hereby APPROVES CP-273 8 based on the followi
findings and subject to the following conditions:
/Findings:
11) The project is consistent with the City's General Plan 1
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the proposed commercial hotel use is consistent with thl
Community Commercial land use designation of the Combin District specified for the site by the General Plan.
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2) The site is physically suitable for the type and dens development since the site is adequate in size and sh,
accommodate the proposed development, as discussed in report
3) The project is consistent with all City public facilii
icies and ordinances since:
a) The Planning Commission has, by inclusion of an 1 I appropriate condition to this project, insured th, final map will not be approved unless the City Coi
fi;?ss that sewer service is available to serve thc
project. In addition, the Planning Commission ha! condition that a note shall be placed on the fina: that building permits may not be issued for the pi unless the City Engineer determines that sewer sei available, and building cannot occur within the pi unless sewer service remains available, and the P: Commission is satisfied that the requirements of *
public facilities element of the general plan haw met insofar as they apply to sewer service for th. project. I
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Such use will not be detrimental to the health, safet! general welfare of persons residing or working in the vicinity, or injurious to property or improvements in vicinity, as discussed in the staff report ,
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8) The proposed non-residential planned development meet
minimum development standards of the underlying zone, for lot area, as discussed in the staff report.
An Environmental Impact Report was recommended for
certification for this project by the Planning Commis
project. These impacts can either be mitigated or ov considerations exist as described below.
A. Traffic - The traffic section of the EIR indicat
there will be a significant impact at the El Cam Real/College Boulevard and College Boulevard/A S
intersections if these roads are constructed to
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March 28, 1984. The EIR identified impacts from the
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the A Street/College Boulevard intersection, and of two right-turn-only accesses connecting A Str Camino Real south of College Boulevard.
B. Land Use - The potential for a significant impact
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- use exists between the large commercial shopping
residential area at the east end of the project a
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future residential areas and between the proposed
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E. Archaeology - Five archaeological sites were founc project area which could be significantly affectec
development. These sites will be required to be I by a qualified archaeologist as a condiition of tl
specific plan.
the biological resources of the site. The projeci
F. Biology - The proposed project poses significant
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in natural open space.
G. Hydrology and Water Quality - Development within t
year floodplain could cause significant impacts. development is currently proposed in the floodplai
Any development occuring in this area would be rec process a special use permit subject to future environmental review.
H. Geology/Soils/Paleontology - Future development of property could be significantly affected by soil
instability and development could also significant affect paleontological resources. A detailed geot is being required prior to the issuance of buildin
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4) This project is approved upon the express condition th, applicant shall pay a public facilities fee as requirec
City Council Policy No, 17, dated April 2, 1982, on fi the City Clerk and incorporated herein by reference, ai according to the agreements executed by the applicant
payment of said fee, a copy of those agreements, dated
29, 1982, November 19, 1982, and February 25, 1983, ar
file with the City Clerk and incorporated herein by re If said fee is not paid as promised, this application
be consistent with the General Plan and approval for t project shall be void,
Approval of this request shall not excuse compliance w sections of the Zoning Ordinance and all other applica
ordinances in effect at time of building permit issuan
5)
Land Use Planning Conditions
6) The applicant shall prepare a reproducible mylar of th
site plan incorporating the conditions contained herei
site plan shall be submitted to and approved by the La Planning Manager prior to the issuance of building per
The applicant shall establish a owner's association an
corresponding covenants, conditions and restrictions. CChR's shall be submitted to and approved by the Land
Planning Manager prior to final map approval ,
A 500' scale map of the subdivision shall be submitted
Land Use Planning Manager prior to the recordation of final map. Said map shall show all lots and streets k
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and adjacent to the project.
9) All landscaped areas shall be maintained in a healthy I 'I
thriving condition, free from weeds, trash, and debris
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'I 1 11) The project shall attempt to develop a ride to work ar
j program for its employees with the North County Transj
I trict. Furthermore, the project shall attempt to limj
staggering of worker shifts so as to facilitate the SL i said program, 1 12) Approval of Condominium Permit No. 273 is granted sub: 1 approval of Zone Changes 272 and 274, Tentative Tract
and Specific Plan 190. All conditions of approval foi i shall be incorporated into SP-190,
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13) Prior to issuance of a building permit, the Building D shall review the architectural plans to ensure complia the State of California interior noise standard of 45 At that time, any additional measures (thicker glazing
absorption material, or shielding of vents) to further attenuate the noise to acceptable level shall be requi
Prior to issuance of a Building Permit, the developer
agreement shall guarantee the operation of the project
hotel use and payment of Transient Occupancy Tax.
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enter into agreement for the operation of the hotel, " I
Engineering Conditions
115) The developer shall obtain a grading permit prior to t commencement of any clearing or grading of the site.
116) The grading for this project is defined as "controlled ing" by Section 11.060170(a) of the Carlsbad Municipal Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordinat 1 inspection and testing to insure compliance of the wor ,I the approved grading plan, submit required reports to
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'as-graded' geologic plan shall be submitted to the Ci Engineer. The plan shall clearly show all the geology
exposed by the grading operation, all geologic correct measures as actually constructed and must be based on
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prior to approval of the final map or shall construct age systems in conformance with the Master Drainage P1 City of Carlsbad Standards as required by the City Eng
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22) The developer shall construct desiltation/detention ba
a type and size and at locations as approved by the Ci
Engineer. The developer shall enter into a desiltatio
maintenance agreemept and submit a maintenance bond
satisfactory to the City Engineer prior to the approva final map for this project. Each desiltation basin sh serviced by an all weather access/maintenance road. T
provisions of this agreement shall apply to any off-si borrow sites which may be utilized in the construction project as required by the City Engineer.
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The owner of the subject property shall execute a hold harmless agreement regarding drainage across the ad jac
property prior to approval of the final map.
Land for all public streets and easements shown on the tative map shall be dedicated on the final map and sha
granted to city free and clear of all liens and encum- brances.
'25) The developer shall comply with all the rules, regulat
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1 design requirements of the respective sewer and water regarding services to the project.
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be approved by the City Engineer prior to approval of
I I final map. The structural section of all private stre
shall conform to City of Carlsbad Standards based on R tests. All private streets and drainage systems shall i inspected by the city, and the standard improvement pl and inspection fees shall be paid prior to approval of '1 final map.
'27) All private streets and drainage systems shall be main
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responsibility shall be placed in the CC&R's.
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30) Prior to the issuance of any building permits for the the developer shall dedicate or obtain the dedication
onsite or offsite easements necessary to complete the improvement requirements stated within the text of thc
plan (Exhibit "A", dated March 28, 1984). In additior
developer shall obtain city approval of the design anc into a secured agreement for the construction of the 1
public improvements.
Prior to the occupancy of any building the developer I
complete construction of all onsite and offsite public improvements necessary to serve the building and as OL
the text of the specific plan (Exhibit "A", dated Marc
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1984) to the satisfaction of the City Engineer.
10 9l not approved. The complete system shall be designed 1
conformance with a master sewer basin concept to the
satisfaction of the City Engineer. The developer shal
city approval of the design, enter into a secured agre
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'PC I RES0 NO. 2271 -8-
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40) Building exceeding 10,000 sq.ft. aggregate floor area
sprinklered or have four-hour fire walls with no openi therein which shall split the building into 10,000 sq. less) areas.
41) Landscaping plans shall conform to the Fire Protectior contained in the City of Carlsbad Landscape Guidelines
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Manual.
PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, he
(the 11th day of April, 1984, by the following vote, to wit?
AYES: Chairman Rombotis, Commissioners Rawlins
Schlehuber, Marcus, Lyttleton, Farrow an
NOES : None
ABSENT: None
ABSTAIN: None.
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JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSI
IATTEST: .
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PC RES0 NO. 2271 -9-
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ORDINANCE NO . 9715
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
FROM COUNTY ZONING TO 0 (OFFICE AND PROFESSIONAL) ,
C-2 (GENERAL COMMERCIAL), R-1-20,000 AND OS (OPEN
SPACE) ON PROPERTY EAST OF EL CAMINO REAL AND
CASE NO: ZC-272 APPLICANT: DEL MAR FINANCIAL
SOUTH OF FUTURE COLLEGE BOULEVARD,
The City Council of the City of Carlsbad, Californ:
does ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Codt
amended by the amendment of a zoning map from County zoning
(Office and Professional), C-2 (General Commercial), R-1-20
OS (Open Space) on property as shown on the map marked ZC-27
Exhibit "A", attached hereto and made a part hereof.
SECTION 2: This project is approved subject to the
following condition: The applicant shall pay a public facil
fee as required by City Council Policy No. 17, dated August
1979, and amended on April 2, 1982, on file with the City C1
incorporated herein by reference, and according to the agree
1 executed by the applicant for payment of said fee a copy of
agreements dated October 29, 1982, November 19, 1982 and Feb
25, 1983 are on file with the City Clerk and incorporated he
reference. If said fee is not paid as promised, this applic
will not be consistent with the General Plan and approval fo
project shall be void. Said fees shall be paid based on the
2, 1982 version of Policy No. 17.
SECTION 3: That the findings made by the Planning
Commission in Resolution No. 2267 constitute the findings of
City Council in this matter.
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EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certify tc
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of
f@Y f Carlsbad City Council on the 1st day of
and thereafter
PASSED AND ADOPTED at a regular meeting of said Ci
Council held on the 15th day of &Y , 1984,
following vote, to wit!
AYES: Council Mpmbers Casler, Chick and Prescott
NOES: Council Menker Lewis
ABSENT: Council -r Kulchin 7 MARY H. C SLER, Mayol
I ATTEST:
ALETHA (%22%&- L, 4- R.AUT$*ACl.rL c
(SEAL)
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ORDINANCE NO. 9716
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
FROM COUNTY ZONING TO C-2 FOR APPROXIMATELY 20 ACR
ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REI
AND NORTH OF FUTURE COLLEGE BOULEVARD.
CASE NO: ZC-274 APPLICANT: DEL MAR FINANCIAL
The City Council of the City of Carlsbad, Californ:
does ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Coda
amended by the amendment of a zoning map from County zoning
(General Commercial) on property as shown on the map marked
- Exhibit "A", attached hereto and made a part hereof.
SECTION 2: This project is approved subject to thc
following condition: The applicant shall pay a public facil
fee as required by City Council Policy No, 17, dated August
1979, and amended on April 2, 1982, on file with the City Cl
incorporated herein by reference, and according to those agr
executed by the applicant for payment of said fee a copy of 1 agreement dated October 29, 1982, November 19, 1982 and Febr
25, 1983 are on file with the City Clerk and incorporated he
reference. If said fee is not paid as promised, this applic
will not be consistent with the General Plan and approval fo
project shall be void. Said fees shall be paid based on the
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2, 1982 version of Policy No, 17,
SECTION 3: That the findings made by the Planning
Commission in Resolution No. 2268 constitute the findings of
City Council in this matter.
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EFFECTIVE DATE: This ordinance shall be effective I
days after its adoption, and the City Clerk shall certify tc
adoption of this ordinance and cause it to be published at :
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of i
Carlsbad City Council on the 1st day of *Y 1
and thereafter
PASSED AND ADOPTED at a regular meeting of said Cil
Council held on the 15th day of my , 1984, I
following vote, to wit?
AYES:
NOES: Council bkmkr &wis
ABSENT: Council ar Xulchin
Council Mrs Casl-, Chick and Presatt
1 &J&
SLER, Mayo
1 ATTEST:
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(SEAL)
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ORDINANCE NO. 9717
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOR A 99 ACRE PROJECT COMPRISED OF RESIDENTIAL, CC
MERCIAL, OPEN SPACE AND OFFICE USE GENERALLY LOCA'I
ON THE EAST SIDE OF EL CAMINO REAL BETWEEN FUTURE
COLLEGE BOULEVARD AND FARADAY AVENUE.
CASE NO: SP-190 APPLICANT: DEL MAR FINANCIF
WHEREAS, the Planning Commission did on the 25th d
CARLSBAD, CALI'FORNIA, APPROVING SPECIFIC PLAN (SP-
March, 1984 and on the 11th day of April, 1984 hold a duly
public hearing as prescribed by law to consider a request k
City of Carlsbad to approve a Specific Plan (SP-190) for a
commercial, office, residential and open space area, said F
attached hereto as Exhibit "A", and made a part hereof; and
WHEREAS, at the conclusion of said hearing, the P1
Commission adopted Resolution No. 2269 recommending approva
said Specific Plan, which resolution is attached hereto as
"B", and made a part hereof; and
WHEREAS, an environmental impact report was certif
the City Council on May 1, 1984, indicating that the projec
amended, will not have a significant adverse impact on the
environment; and I
WHEREAS, the City Council of the City of Carlsbad t
a duly noticed public hearing on May 1, 1984, and after hea.
considering the testimony and arguments of any or all persoi
desiring to be heard, made the following finding:
1. That the findings made by the Planning Commiss.
Resolution No. 2269 constitute the findings of the City Coui
this matter.
NOW, THEREFORE, the City Council of the City of Cal
does ordain as follows:
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SECTION 1: That the Specific Plan (SP-190), attac
Exhibit "A", is approved subject to the conditions imposed 1
Planning Commission in Resolution No. 2269, which is Exhibii
this Ordinance.
SECTION 2: The Specific Plan (SP-lgO), approved b
Ordinance indicate acceptance by the City Council of the ger
framework for development of the subject property and of tht
development standards contained in said plans. Said plans <
subject to future amendment by the City as part of the City
ongoing planning process.
SECTION 3: Development plans for specific sites wj
the specific plan boundaries shall be subject to the requirt
and standards established by the Specific Plan approved by t
Ordinance and shall be further evaluated in accord with muni
ordinances in force at the time the plans are before the Cit
Council or other City decision-making body for final approve
Approval of Specific Plan-190 does not constitute a guarantc
individual developments within the area covered by the plan
approved or that the availability of public facilities and s
will necessarily coincide with the developer's timetable for
construction of the phasing plan contained in the approved a
certified Specific Plan. Availability of public facilities
projects subject to the approved Specific Plan will be evalu
a project-by-project basis.
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EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certify t
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of
May r Carlsbad City Council on the lSt day of
and thereafter
PASSED AND ADOPTED at a regular meeting of said Ci
Council held on the 15th day of hY r 1984,
following vote, to wit:
AYES:
NOES: council &&rnber Lewis
ABSENT: Council &m&r Kulchin
council mrs Casler, Chick, a.nd Prescott
ATTEST:
ALeA.
(SEAL)
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