HomeMy WebLinkAbout1991-08-06; City Council; 11285; APPEAL OF THE DENIAL OF A REQUEST FOR A BUSINESS LICENSE FOR OCEANQUEST KAYAK CENTRE TO BE LOCATED AT 5661-E PALMER WAYCITaOF CARLSBAD - AGENDWILL 31 y
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DEPT. H TITLE: APPEAL OF THE DENIAL OF A REQUEST FOR A
BUSINESS LICENSE FOR OCEANQUEST KAYAK CENTRE CITY AT TO BE LOCATED AT 5661-E PALMER WAY
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RECOMMENDED ACTION:
Staff is recommendin that the City Council adopt City Cour
Resolution No. (31-2.5L DENYING the appeal and UPHOLDING Planning Director's decision.
ITEM EXPLANATION
On June 24, 1991 the Planning Director recommended to the Fina Department that a business license requested for OceanQuest Ka Centre proposed for 5661-E Palmer Way be denied. The proposed is not permitted by the conditions of approval for S Development Plan 84-5 which approved the existing Carlsbad Gat€ Center development. The City Council approved the Carls Gateway Center development on March 19, 1985 by their adoptior Resolution No. 7956 (copy attached).
The zoning for the Carlsbad Gateway development is (Industrial, Qualified Development Overlay Zone). As part of Site Development Plan approval required by the Q-overlay zone uses allowed in the project were limited. Staff had coria about the visual impact of a commercial building, excess traffic attracted to the site by commercial uses and compatibility of such uses, and believed these problems coula avoided by the adoption of a restrictive list of allowable us Condition 16 of the resolution of approval includes th restrictions and the location and types of allowable commerc uses. (Copy attached, dated October 10, 1984.)
The approved project restricted retail uses to "Building located closest to El Camino Real. The commercial uses allowed
that building are required to be supportive of the needs of businesses in the area such as a business systems store, compu store, office furniture store, office supplies, and eating drinking establishments.
The proposed business, OceanQuest Kayak Centre, would incl commercial retail sales to the general public. However, ret
sales are not allowed in this particular location within
Carlsbad Gateway Center Development. In addition, the goods
services to be offered for sale are not supportive of
businesses in the area.
The business license request was therefore denied.
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PAGE 2 OF AGENDA BILL NO. 1 1 85 +
FISCAL IMPACT
The proposed business has already located at the addre indicated, Should the Council uphold the denial of the busine
license the City would not collect sales tax from this busine
and may become involved in enforcement action to implement t
Council's decision. Staff time involved in processing this appe
request and possible enforcement actions are direct costs to t City.
EXHIBITS
1. City Council Resolution No. 91 -2522
2. Location Map
3. Carlsbad Gateway Center Site Plan
4. Resolution No. 7956 containing Exhibit "X"
5. Appeal Letter dated July 3, 1991 and Supplemental Lett
dated July 9, 1991
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RESOLUTION NO. 91-252
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4 %EREAS, on March 19, 1985 the City Council approvec
5 Site Development Plan (SDP 84-5) for the Carlsbad Gateway Cenl
6 to be located o'n,* 16.5 acres of property generally located on I
7 east side of El Camino Real north of the Cablevision building; i
8 WHEREAS, 'condition nu?ber 16 contained in Plann:
9 Commission Resolution No. 2410 adopted by the City Council
1o Resolution No. 7956 restricts the types of uses that can
11 allowed in the project as'well as th+*$r location; and
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DENYING THE APPEAL OF A
'_ BUSINESS LICENSE FOR OCEANQUEST KAYAK CENTER ._AND UPHOLDING THE DECISION OF THE PLANNING DIRECTOR
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Z..,WHEREAS, the business license submitted for OceanQut
Kayak Center to locate at 5661-E Palmer Way does not comply w:
condition 16 as the business would be a retail sales busint
providing goods and services which are not supportive of the net
of the businesses in the area in addition to being located in
area of the Carlsbad Gateway Center not approved for retail salt
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and
WHEREAS, th& City Council of the City of Carlsbad, (
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considered the appeal of the Planning Director's den:
of the business license.
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correcl
2. That the appeal of the business license :
OceanQuest Kayak Centre to locate at 5661-E Palmer Way is den.
and the decision of the Planning Director is upheld.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of 1
City Council of the City of Carlsbad on the day of
1991,'\\by the following vote, to wit:
',\. AYES:
'.,NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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IIYOCATION MAY
BECKMAN INST.
CARLSBAD . """""
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I . I CARLSAD GATEWAY CENTER I SDP 84 1 I
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RESOLUTION NO. 79 56
A 'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 84-5 To ALLOW CONSTRUCTION
OF A MIXED USE INDUSTRIAL/OFFICE COMPLEX ON 16.5
ACRES OF PROPERTY GENERALLY LOCATED OM THE EAST
SIDE OF EL CAMINO REAL NORTH OF THE CABLEVISION
BUILDING. APPLICANT: CARLSBAD GATEWAY CENTER CASE NO,: SDP 84-5
WHEREAS on February 14, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2410 approving SDP 84-5; a
WHEREAS, the City Council of the City of Carlsbad,
December 18, 1984 and on March 19, 1985 held hearings to
consider the recommendations and heard all persons interestc
or opposed to Site Development Plan No. 84-5; and
WHEREAS, the Land Use Planning Manager and the Plal
Commission have determined that the project will not have a]
significant impacts on the environment and a Negative Declal
has been prepared, filed and approved by the Planning Commi!
on February 14, 1985 in satisfaction of the requirements of
City of Carlsbad Environmental Protection Ordinance of 1980
the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California as follows:
A. That the above recitations are true and correc
B. That the findings and conditions of the Planni
Commission contained in Resolution No. 2410 constitute the
findings and conditions of the City Council in this matter.
Development Plan No. 84-5 is approved subject to the condit
of Planning Commission Resolution No. 2410.
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2 needs created by this project, to reduce adverse traffic
C. That in order to mitigate the public facilities
3 conditions which would otherwise result from the traffic *
project from El Camino Real is a secondary access, and to en 5
generated by this project, to ensure that the access to this
consistency with the Circulation Eiement of the General Plan ' 7/1 is necessary to condition this project on the provision of P
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Way to the "Barbour connection" as provided in conditions 34
35 of Planning Commission.Resolution No. 2410. The City Tra
Engineering consultant has specifically testified that the
traffic generated from' this project necessitates the provisi
the streets specified in conditions 34 and 35 of Planning
Commission Resolution No, 2410. *
D. That Site Development Plan No. 84-5 together wi
the provisions for its design and"-impr.ovement - - .__ and subject tc
conditions of this resolution, is consistent with all applic
general and specific plans of the City of Carlsbad.
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E. This action is final the date this resolution j
adopted by the City Council. The provision of Chapter 1.16
the Carlsbad Municipal Code, "Time Limits for Judicial Revic
shall apply:
"NOTICE TO APPLICAP3.T"
The time within which judicial review of this decision must be sought is governed by Code of Civ: Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or othel paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decis becomes final a request for the record of the
I proceedings accompanied by the required deposit in
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amount sufficient to cover the estimated cost of
preparation of such record, the time within which SI
petition may be filed in court is extended to not 1;
than the thirtieth day following the date on which 1
record is either personally delivered or mailed to
party or his attorney of record, if he has one. A written request for the preparation of the record 0: the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, Califo. 92008.”
PASSED, APPROVED AND ADOPTED at a regular meeting o
the City Council of the City of Carlsbad, California, held o
day of , 1984 by the following vote, to
AYES :
NOES :
ABSENT :
MARY A. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
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"NOTICE TO APPLICANTm
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedurep Section 1094.6p which has been made applicable In the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16, Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; howeverp if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such recordp the time within which such petition may be filed in court is extensed to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record p If he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008 .,u
PASSEDp APPROVED AND aDOPTED at a regular meeting of
the City Council of the City of Carlsbad, CaliEornia, held on the
9th day of Wril , '1985 by the following votep to wit:
AYES: Council tkmkrs Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: mne
ATTEST:
d&" - Id. &!2+ LL.
MARY H. , ASLER, Mayor
d&" - Id. &!2+ LL.
MARY H. , ASLER, Mayor
6LPd& / K&LLu-
ALETHA L. RAUTENKRANZ, City Clprk
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PLANNING COMMISSION RESOLUTION NO. 2410
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN NO. 84-5, TO ALLOW
COMPLEX ON 16.5 ACRES OF PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF EL CAMINO REAL,
APPLICANT: CARLSRAD GATEWAY CENTER
CASE NO: SDP 84-5
CONSTRUCTION OF A MIXED-USE INDUSTRIAL/OFFICE
NORTH OF THE CABLEVISION BUILDING,
WHEREAS, a verified application has been filed with
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a reql
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal
the Planning Commission did on the 14th day of November, 1984
the 23rd day of January, 1985 and on the 14th day of February,
1985, consider said request on property described as:
A portion of Parcels 1 and 2, in the City of CarlsbaC
County of San Diego, State of California as shown at
10060 of Parcel Maps filed in the Office of the Count
Recorder of San Diego County, May 23, 1980.;
WHEREAS, at said hearing, upon hearing and considerir
testimony and arguments, if any, of all persons desiring to b
heard, said Commission considered all factors relating to Site
Development Plan No. 84-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninl
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearir
the Commission APPROVES SDP 84-5, based on the following
findings and subject to the following conditions:
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1 Findings:
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1) The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that
final map will not be approved unless the City Counc finds that sewer service is available to serve the project. In addition, the Planning Commission has a condition that a note shall be placed on the final m
that building permits may not be issued for the proj unless the City Engineer determines that sewer servi available, and building cannot occur within the proj unless sewer service remains available, and the Plan Commission is satisfied that the requirements of the public facilities element of the general plan have b met insofar as they apply to sewer service for this
project. b) All necessary public improvements have been provided
will be required as conditions of approval.
c) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti
fee. Performance of that contract and payment of th will enable this body to find that public facilities be available concurrent with need as required by the
qeneral plan.
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area. 16
2) The project is consistent with M-Q zone standards and is
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3) The project, as conditioned, is consistent with the "El 17
compatible with surrounding existing and future uses in
Camino Real Corridor Standards".
4) The uses as listed on Exhibit "X", dated October 10, 198
19 are compatible with existing and future permitted uses i this vicinity as stated in the staff report.
20 5) This project will not cause any significant environmenta
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Planning Commission on January 23, 1985. 22
impacts and a Negative Declaration has been issued by th Use Planning Manager on September 18, 1984 and approved
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6) The project is located within the Palomar Airport Influe
area and has been found to be consistent with the provis of the Palomar Airport Comprehensive Land Use Plan per t letter from SANDAG dated, August 27, 1984.
Conditions:
1 ) Approval is granted for SDP 84-5, as shown on Exhibit "A
dated August 24, 1984 and "B" - "G", dated July 24, 1984
incorporated by reference and on file in the Land Use P1 Office. Development shall occur substantially as shown otherwise noted in these conditions. ll PC RES0 NO. 2410 -2-
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1 2) This project is approved upon the express condition that
building permits shall not be approved unless the City
service is available to serve the project. 2
sewer facilities are available at the time of applicatio 5
building permits will not be issued for development of t: 4
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Council finds as of the time of such approval that sewer
3) This project is approved upon the express condition that
subject property unless the City Engineer determines tha
such sewer permits and will continue to be available unt
6 time of occupancy.
7 4) This project is approved upon the express condition that applicant shall pay a public facilities fee as required 8 City Council Policy No. 17, dated April 2, 1982, on file
according to the agreement executed by the applicant for 9
the City Clerk and incorporated herein by reference, and
application will not be consistent with the General Plan 11
by reference. If said fee is not paid as promised, this 1984, is on file with the City Clerk and incorporated he 10
payment of said fee, a copy of that agreement, dated Jul
approval for this project shall be void.
12 5) Approval of this request shall not excuse compliance wit
13 sections of the Zoning Ordinance and all other applicabl ordinances in effect at time of building permit issuance
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15 Service agreement between the City of Carlsbad and the C
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18 site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Land
6) Water shall be provided to this project pursuant to the
Real Water District, dated May 25, 1983.
Land Use Planning Conditions:
7) The applicant shall prepare a reproducible mylar of the
19 Planning Manager prior to the issuance of building permi I 20
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8) The applicant shall prepare a detailed landscape and irr
tion plan which shall be submitted to and approved by th
Use Planning Manager prior to the issuance of building permits. Such plan shall minimize the amount of landsca area devoted to lawns and other plantings requiring larg
amounts of water, and shall include drought tolerant spe
in their place. In addition, this plan shall incorporat
landscape standards identified for this area in the Land
Guidelines Manual.
25 9) A 500' scale map of the project shall be submitted to th
final map. Said map shall show all lots and streets wit 26 Land Use Planning Manager prior to the recordation of th
and adjacent to the project. 27
28 size. 10) All parking lot trees shall be a minimum of 15 gallons i
PC RES0 NO. 2410 -3-
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1 11) All landscaped areas shall be maintained in a healthy an
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12) A uniform sign program for this development shall be sut:
prior to occupancy of any building. As part of said prc to the Land Use Planning Manager for his review and appr
4 no free standing signs shall be allowed along El Camino
thriving condition, free from weeds, trash, and debris.
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Trash receptacle areas shall be enclosed by a six-foot k
masonry wall with gates pursuant to City standards. Loc
of said receptacles shall be approved by tile Land Use P1
Manager.
All roof appurtenances, including air conr'lii:ioners, shal
architecturally integrated and shielded from view and tl-
sound buffered from adjacent properties and streets, pur to i3uilding Tkpartment Policy No. 80-6, to the satisfact
the Land Use Planning Xanager and Building and Planning Director.
Project entryways and landscape areas shall be designed identified on Exhibit "A", dated August 24, 7.984. The 2 along El Camino Real shall be redesigned to include a mi
25-foot landscape area from right-of-way line (includinq revise? right-of-way line to accommodate a deceleration lane) to parking area along this entire frontage subject
the approval of the Land Use Planning Manager. This red
will include the deletion of 17 parking spaces adjacent
deceleration lane. All other setbacks shall be maintair
shown on this exhibit.
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16) Uses allowed in "Building B" shall be restricted to tho$
and conditional uses identified in Exhibit "X", dated O< 18, 1984, attached to this resolution. A note to this c shall be placed on the approved site development plan ar subsequent building plans.
17) All aspects of the "El Camino Real Corridor Standards",
they pertain to this site, shall. be Tornplied with in thc entirety.
Engineering Conditions:
18) The developer shall agree to participate in the formatic
and shall participate in an assessment or other district may be satisfactory to the City of Carlsbad Council to : the design and construction of improvements for the san: sewer facilities serving the AH27 Basin as shown on the, "Interceptor and Trunk Sewer System Master Map," dated < 1984, which is on file in the Office of the City Enginec
Other areas as the City Engineer may determine necessar!
desirable may be included in any such district.
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Pretreatment of the sanitary sewer discharge from th.is p:
may be required. In addition to the requirements for a connection permit the developer shall conform to the
requirements of Chapter 13.16 of the Carlsbad Municipal (
The developer shall apply for an industrial waste discha permit concurrently with the building permit for this pri
No Certificates of Occupancy for the project will be iss before the industrial waste discharge permit application
requirements have been met, all applicable fees paid and
permit issued.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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21) The grading for this project is defined as "controlled g ins" by Section 11.06.170(a) of the Carlsbad Municipal, C Grading shall be performed under the observation of a ci
engineer whose responsibility it shall be to coordinate
inspection and testing to insure .compliance of the work
the approved grading plan, submit required reports to th
Engineer and verify compliance with Chapter' 11.06 of the
Carlsbad Municipal Code.
22) Upon completion of grading, the developer shall insure t
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology a
exposed by the grading operation, all geologic correctiv
measures as actually constructed and must be based on a
tour map which represents both the pre and post site gra This plan shall be sianed by both the soils engineer and
enqineering geologist-. The plan shall be prepared on a
or similar drafting film and shall become a permanent re
23) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owner
the affected properties.
24) A separate grading plan shall be submitted and approved
separate grading permit issued for the borrow or disposa if located within the city limits.
25) All slopes within this project shall be no steeper than The off-site slope laying to the east of this project sh be graded so as to provide a 2:l slope for its entire ex adjacent to this project or the improvements required by these conditions.
26) Prior to hauling dirt or construction materials to any
proposed construction site within this project the devel
shall submit to and receive approval from the City Engin
for the proposed haul route. The developer shall comply
all conditions and requirements the City Enaineer may irr
with regards to the hauling operation.
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The developer shall exercise special care during the
construction phase of this project to prevent any off-si siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/deten
basins of type, size and location as approved by the Cit
Engineer. The basins and erosion control measures shall
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pri
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the a
served shall be protected by additional drainage facilit slope erosion control measures and other methods require
approved by the City Engineer. The developer shall main
the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall quar their maintenance and satisfactory performance throuqh c
deposit and bonding in amounts and types suitable to the
Engineer.
Additional drainaqe easements and drainaqe structures sh provided or installed as may be reauired by the County
Department of Sanitation and Flood Control or the City E neer.
The developer shall pay the current local drainage area
prior to approval of the final map or shall construct dr age systems in conformance with the Master Drainase Plan City of Carlsbad Standards as required by the City Engin
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacen
property prior to approval of building permits.
The drainage system shall be designed to ensure that run
resulting from a 10-year frequency storm of 6 hours or 2 hours duration under developed conditions, is equal to c than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hc
24 hour storm durations shall be analyzed to determine t
detention basin capacities necessary to accomplish the d
results. Alternate methods of meetinq this condition th are satisfactory to the City Engineer may be used. No
solution that includes creation of a backwater in the upstream, off-site, storm drain will be allowed. The
developer shall grant an easement to the City allowinq
continued discharge of storm waters through the private
drain system within the project. The storm drain systen
this project shall remain private and shall be maintaine
the owner of the project.
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32) Land for all public streets and easements shown on the E
plan shall be dedicated on the final map and shall be granted to city free and clear of all liens and encum- brances.
PC RES0 NO. 2410 -6-
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33) The developer shall record an easement securing the righ
unrestricted public access for the property adjacent to
The form and content of the easement deed shall be to th
satisfaction of the City Engineer and shall be recorded certified copy provided to the City Engineer pior to issuance of a building permit. The access easement shal
no less than 24 feet wide and shall include access from
Palmer Way and El Camino Real via the right in/out drive
permitted by this project.
southerly line of the project that fronts on El Camino R
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Improvements listed in this section shall be installed o
agreed to be installed by secured agreement by the devel
before the issuance of any building permit. The develop
shall obtain approval of the plans from the City Enginee
pay all associated fees and performance guarantees prior
issuance of any building permit. The developer shall in: said improvements to the satisfaction of the City Enginec
prior to issuance of a Certificate of Occupancy or OCCupi
of any portion of the project for any purpose. The
improvements are:
a)
b)
C)
d)
e)
f)
9)
h) i)
j)
Palmer 'Way to full width industrial street standards
its existing northerly terminus to the northerly linc
the project. This includes securing the right-of-wa;
this street.
A temporary turn-around, barricade and warning signs
the northerly temporary terminus of Palmer Way.
Sanitary sewer from the existing manhole (which lays approximately 155 feet easterly of the intersection (
Palmer Way and Impala Drive) thence to the intersectj
of Palmer Way and Impala Drive thence to the norther1 line of the project. Manholes constructed under this
item shall have appropriate stubs for future connectj
The developer shall commission a sewer basin study sufficient in detail and to the satisfaction of the < Engineer to ascertain the size of sanitary sewer
facilities required by these conditions.
Sanitary sewer pump station sized to meet the
requirements of sub-item (c) above.
El Camino Real to one-half width prime arterial stree
standards for its entire length along the project
frontage The median required by this sub-item shall
installed at such time as the City Engineer directs. Additional street lights on El Camino Real
Street lights on Palmer Way
All public improvements shown on the site plan
Remove and replace the sidewalk in El Camino Real adj
to the curb inlet located approximately 235 feet nort'
of the southwesterly corner of the project. It is
anticipated that approximately 50 square feet of side must be replaced.
Removal and replacement of all public facilities dama
during the course of constructing this project
28 PC RES0 NO. 2410 -7-
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k) Deceleration lane and appropriate signage for the dr:
on El Camino Real. The lane shall be no less than :
feet long. The deceleration taper shall be no less 50 feet long. Except for the tapered portion, the 1; shall be no less than 12 feet wide.
1) Palmer Way to full width industrial street standards the northerly line of this project to the westerly 1
of "C" Street, except that the pavement width shall
feet and centered in the right-of-way. Concrete cur'
gutter and sidewalk may be omitted. Asphalt curb she be provided. A 300 foot long width transition for P,
Way, with appropriate signage, shall be provided fro]
northwesterly boundary of the project in a westerly direction. The alignment of Palmer Way and the loca of 'IC" Street shall be similar to that shown on the
approved tentative map for CT 83-6. m) "C" Street to full width industrial street standards
the northerly line of Palmer Way to the existing
travelled way of El Camino Real, except that the pavt
width shall be 28 feet and centered in the right-of-;
Concrete curb, gutter and sidewalk may be omitted.
Asphalt curb shall be provided. The alignment and
location of "C" Street shall be similar to that show1
the approved tentative map for CT 83-6. The
acceleration and deceleration lanes shown on the tentative map for Ct 83-6 are specifically not approT n) El Camino Real to prime arterial standards for its
northerly half for distances of 300 feet on each sidt the intersection with "C" Street, except that only improvements that pertain to those facilities requirc
the City Engineer to construct a right in/out only
intersection with "C" Street shall be reuired.
35) The developer may satisfy conditions 34(1), 34(m) and 34
by initiating and completing the proceedings for an
assessment or other district as may be satisfactory to tl
city of Carlsbad Council to fund the design and construcl
of the improvements listed in this condition. The distri
formation proceedings shall be completed prior to the
issuance of building permits.
a) Palmer Way to full width industrial street standards
it's existing northerly terminus (which lays
approximately 390 feet north of the south-east cornex
this project) to the northerly line of 'C' Street anc
from the easterly line of College Boulevard to the
easterly line of '13' Street.
b) Palmer Way to full width collector street standards 1
the easterly line of 'B' Street to the northerly line
I C' Street.
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PC RES0 NO. 2410 -8- 28
c) 'C' Street to full width industrial street standards
Palmer Way to El Camino Real.
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d) The portion of College Boulevard east of its median
laying between the westerly extension of the norther
right-of-way line of Palmer Way to the southerly lin
El Camino Real. The portion of College Boulevard to constructed shall be to major arterial standards exc
that the curb to curb width shall be forty feet.
e) El Camino Real to prime arterial standards for its
northerly half for distances of 300 feet on each sid
the intersection with IC' Street, except that only
improvements that pertain to those facilities requir
the City Engineer to construct a right in/out only
intersection with IC1 Street shall be required.
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f ) Temporary median improvements, lane striping, traf fi
warning and control facilities (excluding traffic
signals) and associated facilities to provide an int
intersection at College Boulevard and El Camino Real
g) Temporary barricades at the street intersections and
major driveway entrances that are not in use at the of construction of these street improvements.
h) Street lights.
i) Domestic water, sanitary sewer and storm drain lines
located within the rights-of-way to the street being constructed by the assessment district.
j) Storm drain facilities necessary to serve the street
being constructed by the assessment district and to
adjacent properties that would otherwise have impoun
storm water due to the street design of the assessme
district.
The improvements of this condition shall be constructed
the satisfaction of the City Engineer. Sub-items a, c,
this condition and the portions of sub-items g, h, i, an of this condition that are within or necessitated by sub items a, c, and e of this condition shall be completed p
to issuance of any Certificate of Occupancy for this pro
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excepting only the driveway shown on the site plan and t 23
36) The developer and owner of the project shall relinquish
37) The developer shall comply with all the rules, regulatio
25 design requirements of the respective sewer and water ag regarding services to the project.
direct accesss to El Camino Real for the project site
driveway for right in/out access only.
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38) The design of all private streets and drainage systems :
be approved by the City Engineer prior to approval of tl
final map. The structural section of all private street shall conform to City of Carlsbad Standards based on R-\
tests. All private streets and drainage systems shall 1
inspected by the city, and the standard improvement plar
and inspection fees shall be paid prior to approval of
building permits.
39) All private driveways shall be kept clear of parked veh:
at all times, and shall have posted "NO Parking/Fire Lax
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic
Code.
40) All plans, specifications, and supporting documents for improvements of this project shall be signed and sealed
Engineer in responsible charge of the work. Each sheet
be signed and sealed, except that bound documents may bc
signed and sealed on their first.page. Addi-tionally the
sheet of each set of plans. shall have the following
certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thiz
project, that I have exercised responsible charge over t
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
only and does not relieve me, as Engineer of Work, of ml responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St. :
Telephone:
BY Date :
(Name of Engineer)
R.C.E. NO. #
41) The developer shall provide the City with a reproducible
copy of the site plan as approved by the Planning Commif The site plan shall reflect the conditions of approval 1:
the City. The map copy shall be submitted to the City
Engineer prior to improvement plan submittal.
PC RES0 NO. 2410 -10-
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42) Prior to recordation of any final map for this developme
the owner shall give written consent to the annexation o
area shown within the boundaries of the Tentative Map in existing City of Carlsbad Street Lighting and Landscapin
District No. 1.
Fire Conditions:
43) Prior to the issuance of building permits, complete buil
plans shall be submitted to and approved by the Fire Department.
44) Additional public and/or on site fire hydrants shall be
quired if deemed necessary by the Fire Marshal.
45) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants
on site roads and drives subject to the approval of the
Marshal.
46) An all weather access road shall be maintained throughou
construction.
47) All required fire hydrants, water mains and appurtenance
shall be operational prior. to combustible building materJ
being located on the project site.
48) Fire retardant roofs shall be required on all structures<
PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held
the 14th day of February, 1985, by the following vote, to wit:
AYES : Commissioners L'Heureux, Smith, McFadden,
Marcus and Rornbotis.
NOES: Chairman Farrow.
ABSENT: Commissioner Schlehuber.
+A&># OW, Chai*n
ING COMMISSION
ATTEST :
LAND USE PLANNING MANAGER
PC RES0 NO. 2410 -11-
a I)
EXHIBIT "X"
October 10, 1984
Uses permitted in "Building B" of CARLSBAD GATEWAY CENTER:
(1) All uses permitted by Section 21.34.020 in P-M zone (see
(2) Business systems store
(3) Computer store
(4) Office furniture store (5) Office supplies, equipment store
attachment)
Conditional Uses - Uses permitted upon the granting of a
conditional use permit:
1) Eating and drinking establishments
2) Day care centers
3) Health and athletic clubs
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*/
0 0 RVErnfb TO c:n MAtw tQRRwoNsL
4 _< -<, w. ,. r I ,J
OceanQuest Kayak Centre
5661-E Palmer Way Carlsbad, Ca. 92008
(619)431-0895
Carlsbad City Council
1200 Elm Avenue
Carlsbad, Ca. 92008
July 3, 1991
Dear Sir:
$e-i"ss --- ,L.&c,ense I of Carlsbad
a6d it has .been denied,--:We; hvg. ..located ,p~36&3'PZilmer
Way ."hfid."are 6peratlng a"'recreat'ion servlce using Kayaks. for
Carlsbad >>z-&*",.,.n?5-. Gqteway. .. . businesses.]..and.employ,e.es,.benefi.t. ....- Enclos'ed
** , .A: .."
,.,* q2H4C..r ~'~.~~.?~~~.,..~.~~.~ .* ..x, .,e. li. I- -. -. . .. " ,. , .
find our lJuly.'Newslette'r"'whi-ch"explains -our "operation. ._ -'. '
In our shop, we assemble Kayaks as per request and transport
to an off-site location for instructions, company get-togethers at Lake Hodges and Oceanside Harbor. In addition, we sell accessories for Carlsbad Gateway customers. A neighbor business in the Gateway complex, namely Palate Pleasers, is working
with us to provide a catering service for these Carlsbad
Gateway Company functions. So far, the response from Carlsbad
Gateway businesses and individuals is only positive and excite-
ment is running high.
The .:rea.s2ns-:st.ated- for --denial. of^ the business .license is not
sell items at retail. We respectfully.appea1 this decision of license denial because there are other businesses selling retai1,in'the Carlsbad . .. Gateway to Carlsbad Gateway personnel su&:+as :.?.;?,.'2;y-i.: ..*..-,;L,*;-,; .-,.,I -.._.. - .; 2,..d.:.-%.. I --- - .: . --:..... r. . :. . . ..z r -..+,. . , ... . .
be.cause ,.,I.... of what .".. _". ."A we - 'stated' 'ab'ove-; but.-beca.' use ' we "intend ,. to
.. . _- -. .
Del Mar Office Products: Retail office products & supplies
Jit Computer Source Inc: Retail computers and supplies Palate Pleasers: Catering to outside customers as well as
Print Masters: Copiers & Supplies to outside customers
Omni Print: Copies and supplies to outside customers Signs on Time: Makes & retails signs for Gateway & outside
Pickles Cafe/Deli: Sells food to Gateway & outside customers
Shore Office Furniture: Sells retail to Gateway & outside
customers.
According to, Carlsbad Gateway Center Site Development Plan 84-5-.it states'that businesses in Carlsbad Gateway can sell :. ,. ..-:
items retail to Carlsbad Gateway personnel. At this point,
Gateway.
customers.
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1 e e
- does not specifically mention our type of business. We
feel that it would not be.right to..discriminate against our- business simply because of its - non-tradional nature ...i...e..:;."r..~..-.:I'
providing Kayaks instead of furniture,office products or
food. ~'We'".€eel;T-that-.the development plan -.for-.. Carlsbad Gateway as it stands now f -is over-restrictive and''& would appreciate your review of.our city license application. We know we will be a.benefit to the City of Carlsbad because of the
favorable response we have had from the tenants of Carlsbad
Gateway for a new sporting venture for company outings. Another area of concern by the planning department was traffic.
We are confident that the traffic at our business will be very minimal due to our off-site activities. Our store is
designed as an Office/warehouse/assembly of Kayaks.
We were strongly assured at the time of signing our lease that our use was compatable with the other businesses in this complex and that there would be no problem whatsoever in obtaining a Carlsbad business license. Also when we were ready to fill out an application it would be approved. On that basisf we have invested 512 of our time and resources to build a successful business. We are confident of your
wise over-view of this request and we are looking forward to a favorable outcome as so much is at stake.
.-....
Respectfully
L ($(+-e-;= rry & Linda Stephens "
*I
. ..-. ... ._ ._
Sales: Kayaks Accessories KAYAK CENTRE Clothing .
0 c E A N 0-u E s T Services: Lessons Rentals
(619) 431-0895 Trips
566i-E Pairnor way, Cnrlsbnd, CA 92008 I .- --. " .." ._ -. . . ... I .. . .. - .._
'. . 1
..
.'. . I . . ,.I JULY -1991 NEWSLETTER ,. , , e'
I .>, . . ., .:
.. .
' , .. . .. ..
. ., . , ,, , .. ', .. . . . .. . . ... . .. %.' . . . . . . * . .. * _.
' .'I . .
.. .. - .i
." . . . .._ . I,
ATTENTION!!!
We are new and will'.be opening July 2. *
..
Experience the thrill of'KAYAKING. . Its becoming the #1 sport in
California, and is a featured event in the 1992 Olympics.
We are your new neighbors'at 5661-E Palmer Way in Carlsbad
Gateway. For a NEW recreational'diversion, try OCEAN KAYAKING.
Tired of the old "Company Picnic"? Why not arrange a "Company Kayak Lesson" a22 subsequent Kayak Outings to watch the whales, porpoise, sea birds, and seals?
For more information, please call Larry or Linda at 431-0895.
The July Special for our neiGhbors at Carlsbad Ga-ceway is;
Basic Kayak Lesson I ' ' .' $35.00 per person. Includes kayak, pa221e, sprayskirt,
PFD, paddle float, and bilge pump.
"THE SEA BECKONS"
RLU BY: LEROX TELELOFIER 7010 ; 7 10 91 4: 13ppq ; 619 72m 94617
1 e e
4 "
Ocean Quest
Kayak Centre
5661-E Palmer Way
Carlsbad, Ca, 92008
'$
(619)431-0895
Carlsbad City Council
4205 Elm Avenue
Carlsbad, Ca. 92008
July 9, 1991
Attention: Rrank Boench, Research Office
Dear Mr. Boench;
You have at hand a July 3, 1991 letter from us regarding
Our City Business License and our appeal of its rejection.
Please attach this letter tu the July 3, 7991 letter to be
a Part of it which contains further information for your consideration.
we are going to manufacture and market from this location
a Product called AeroVane Sails for Kayaks, It is a small
sail,3-.feet wid@ by 4 feet high, attaching to a kayakers
paddle, which acts as its mast. This sail will be of high
quality and available not only for OceanQuest Kayak Centre, but for all other Kayak stores worldwide.
Thank you for your attention on this matter,
Sincerely,
44"- Larry & Linda Stephens 44"- Larry & Linda Stephens