HomeMy WebLinkAboutSP 146B; Santa Anita Development Corp.; Specific Plan (SP) (5)1200 ELM AVENUE |j ^JT M TELEPHONE:
CARLSBAD, CALIFORNIA 92008 ffWaJr& Hi (714) 729'11B1
Cttp of CartebabFebruary 14, 1977
Ron Roberts
SGPA Planning and Architecture
P. 0. Box 33326
San Diego, California 92103
SUBJECT: Parcel Map 230 - Public Improvement Requirements on
Parcel 2
Dear Ron:
Thank you for your patience concerning your request of October 27,
1976 in which you have asked, on behalf of your client, to be
released from the requirements of public improvements along
Parcel 2 of the subject parcel Map. Condition 3(b) of Planning
Commission Resolution No. 1130, January 28, 1975 required that
you "Provide improvement security to construct (or enter into a
future agreement with the City to construct) complete public
improvements along'Haymar Drive).
As you know, the requirement for public improvements along Parcel
2 at that time was a technical requirement since, due to ground
leases and ownership complications, Parcel 2 was technically
within the parcel map required, yet practically outside of the
limits of your shopping center development. The requirement for
street improvements was placed on Parcel 2 at that time because
there was no other way to guarantee public improvements when the
parcel would be developed. -- *"
Since that time the City has enacted a Public Improvement Ordinance
(Chapter 18.40 of the Municipal Code) which provides that street
improvements can be conditions of approval on building permits.
Because the City now has the ability to ensure that public improve-
ments will be constructed at the time Parcel 2 is developed, and
because Haymar Drive east of your shopping center project does not
serve the general public (but is a cul-de-sac on which there are
no traffic generating developments), and because of the unique
problems of SDG&E overhead utility line reloc^i^-^biz., this, letter,
I release the developer from the obligations &€ i£h4_><ifepio^ei|^nj^
agreement and bonds for frontage improvements along Haymar Drive
on Parcel 2 (copy of bonds and agreement attached)^g * ^ <njj
CITY OF CARLSBAD
Planning Department
Ron Roberts
objections.
Very truly yours,
Flanagan /V
City Engineer ^
TCF:ms
c: Planning Director
Azalea - John Newell
City Manager
City Clerk
Attachments
-2-
February 14, 1977
ng the bond
ase give
SANTA ANITA DEVELOPMENT CORPORATION
A subs/diary of Santa Anita Consolidated, Inc.CITY OF PAD
Planning Department
William W. Hughes, Jr. p. r o in-tf.
SeniorVice President December J, IV/O
Mr. Bud Plender
Acting Planning Director
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Re: Carlsbad Plaza
SEC El Camino Real/Frwy 78
Dear Mr. P lender:
Per our discussion a couple of weeks ago, we have, subsequent to various
meetings with you and other staff members, revised the McDonald's building area in
such a manner that we have hopefully eliminated the planning and traffic concerns
for that building. The principal items of concern as conveyed to us were the potential
backup of traffic from El Camino Real onto the most westerly north-south drive through
the center, and the fact that all the McDonald's parking was not provided within the
area south of the Standard Oil, north of the main center drive, and westerly north-
south drive through the center. Our most recent plan, a copy of which is enclosed,
we believe solves those problems for the City. The parking which existed on the east
side of the building to backup onto the north-south drive has been eliminated, and the
McDonald's building has been moved further east. Their building no longer has its
back to El Camino Real which was an objection, and we have now increased to 36
the number of spaces provided immediately adjacent the proposed McDonald's. The
drive-up lanes, of course, have long since been eliminated. The proposed speed berms
would slow down the traffic using the existing Standard Oil easement and we therefore
don't anticipate any safety problems. Likewise, any of the McDonald's traffic which
would be entering by Standard Oil's most southerly driveway would only be right turn
movements and cannot be anticipated to cause any serious problems.
We feel with all the changes which we have made to the McDonald's, it is
a good layout from planning considerations, and it is in fact far superior to that which
363 San Miguel Drive, Newport Beach, California 92660 IP. O. Box 18801 Phone (714) 644-6440
Mr. Bud Plender
December 3, 1976
Page 2
showed on the originally approved plot plan. At your convenience, I would hope
to set up a meeting with you and Tim Flanagan to review our proposed layout to
attempt to win your support for our proposed Conditional Use Permit application and
Specific Plan Amendment or at least to incorporate in such application any further
improvements you might suggest which could be made.
Yours very truly,
SANTA ANITA DEVELOPMENT CORPORATION
William W. Hughes, Jr.
WWHrjr
Enclosure
cc: Mr. Tim Flanagan (w/enc)
Mr. Jim Federhart (w/enc)
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THIS INDENTURE OF Li^ASE by and between A2A.Lc_A INC
and BEGONIA, INC., Lessors, and STANDARD OIL COMPANY 0?
CA LI? ORX" IA , Lessee,
W I T N E S S E T li:
WHEREAS, by lease dated Jxine 23., 1969, Less-ors leased
to Lessee certain premises In the City of Carlsbad, County
of Sar, Diego, State of California,, more particularly described
a s r c.;_ j- o w s '.
That portion of the Northwest One Quarter
of fractional Section 32, Township 11
South, Range 4 West, San Bernardino Base
and Meridian, in the City of Carlsbad.,
County of San Diego, State of California,
more particularly described as follows:
Beginning at the intersection of the
Easterly right-of-way line of that 126.00
foot street known as El Carnino Real with
the Southerly right-of-way of Scate High-
way Xi-SD-78 as shown.on R.S. 1800-65;
thence along said State Highway right-of-
way line; (I) North 68°27:27" East 124.74-
• ' feet to a point of intersection with, a
445.00 foot radius curve to the left, a
radial to which bears South 20°55!53' East;
(2) Along the arc of .said curve 32.02 feet
^- ~ " 1— 1 r~' "1 -^ / O ^S ~7 1 r) r° ' ' *- -1u n r o u g n a c e n L r a x a n g j_ e o j_ H- \j / £- u •_ o o.
point3 a radial to which bears South
25°031 S" East; thence leaving salci State
- r - —.--,,_ - -. • O • ' •-) - O -^ O I "• 1 t !r.ignwav ;\ig^.L-oz-\vay j me ooucn z .L _ 3/ jo
Ease 77.71 feet; thence South 3°09'03"
Ea s t 88.77 feet; th en c e S ou t n 5 0°5 0'5 0''
West 59.26 feet; thence South 73 50:57"
West 120.05 feet to a point on Easterly
right-of-way line of El Camino Real, said
point bears South 3U09:03'! East 180.00
feet from the TRUE POINT G? BEGINNING;
thence North 3°09!03:I West 180.00 feet t<o
RECEIVED
JUL - 2 1976
CITY OF CARLSBAD
Engineering Department
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further notice by or on behalf of Lessee, be addressed to
Lessee at 605 VJest Olympic Boulevard, Los Angeles,
California 90014.
Any notice shall be deemed given when delivered
personally or deposited in the United States Post Office in
San Diego or Los Angeles County properly addressed as afore-
said, postage fully prepaid, for delivery by registered nail,,
20. Lessor or one or more of its affiliates are at
the present time Master Lessee of vacant land adjacent to'the
southerly and easterly boundary lines of the leased premises,
which adjacent premises may be' improved subsequent to the
- S.k ^date nereo-L. Lessor and Lessee agree to cause an instrument
or instruments to be executed, acknowledged and recorded
-with the County Recorder of Deeds of San Diego County,
California, in compliance with Sec. 1470 of the Civil Code
of the State of California, and which shall set forth in sub-
stance a mutual covenant of the'respective Master Lessees
of said adjacent lands and of .Lessee that during the term of
this lease none of them shall erect, maintain or permit the
construction or maintenance of, any fence, bumper guards,
structures or obstructions on, along or directly abutting
the southerly and easterly boundary" lines of the leased
premises, which would materially interfere with free vehicular
passage between the leased premises and said adjacent premises.
Upon expiration or any prior termination of this lease, the
agreement of Lessor set forth in this paragraph and the
declarations and agreements o£ Master Lessees of said adjacent
premises shall be terminated and cease to be of further
i\, _force and erfect and lessee snail execute, acknowledge and
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deliver to Lessor an instrument: in recordable form which
shall set forth in substance that said agreements and declarat.i.
-14-
of the Lessor and of Master Lessees of said adiacen?" D--.T.-; c ,-.,-_. — *^ *• ^- • i • — »->«_._*
pursuant to this paragraph of this Lease have been released,
extinguished and are of no further force and effect.
21. In the event -this lease is terminated for any
reason., whether by operation of lav,1 or other-wise., curing the
twenty-five (25) year period provided in Paragraph 1 hereof,
Lessee shall pay to Lessor, within thirty (30) days after
the effective date of such termination a sum computed, as
the remaining minimum monthly rent, at the rate thereof then
in erfect, for the un expired balance of the term of this
lease, discounted at the rate of seven (7%) percent per
annum in respect of the time said minimum payments would be
made but for. such termination.
22. In the event the leased premises or any part
thereof shall be taken for public purposes by condemnation
as a result of any action or proceeding in eminent domain,
or shall be transferred in lieu of condemnation to any
authority entitled to exercise. the power of eminent domain,
the interests of Lessor and Lessee in the avrard or considera-
tion for such transfer and the /effect of the taking or
transfer upon this lease shall be as follows:
(a) In the event of such taking or transfer
"of only a part of the leased premises leaving
• the remainder of said oremiscs in such location
and In such form, shape and size as to be used
effectively and practicably in the opinion of
the Lessee for the purpose or operation there-
on of a service station, this lease shall
• terminate and end as to tna portion of the
premises so taken or transferred as of the
date title to such portion vests in the con-
demn in* authority but shall continue in full
° - r- - - £. 1force and etrect as to the portion o^ tne
le.-vsad premises not so taken or transferred
and from and after such date the monthly
uired to be paid by Lessee to Lessorre
In and by Paragraph 2 of this lease snail be
reduced in the proportion to "which the area
so taken or transferred bears to the total
area of the demised premises; but said rental
-15-
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expense, bring electric, water and sever Alines up to the
boundary of the leased premises.
25. No waiver by Lessor of any breach or default of
Lessee in performance of any of the provisions or agreements
hereunder shall be construed as a waiver of such provision
or agreement or or any other or subsequent breach thereof.
26. Lessor reserves unto and for itself, its suc-
cessors and assigns, and for the benefit of each and all
parcels of land adjoining the leased premises along their
--- southerly and easterly boundary lines and of each and all
persons who are or will be from time to time owners or
lessees of any such parcel of adjoining land, non-exclusi\.;e
easements on and over'the following described portions of
the Leased Premises ("Easement Areas") for the purpose of
ingress and egress to and from said adjoining lanes, and any
part thereof, and passage over the Easement Areas by
pedestrians, automobil.es and other vehicles. Lessor agrees
that until construction of Improvements on any of said
parcels of land adjoining an Easement Area, Lessee shall-
have full use of the Easement' Area adjacent to the parcels
of land, which have -not yet been Improved in whole or in
•Dart, and that after construction or improvements on any of
Ol(
the parcels of adjoining land, Lessee may use such Easement
Area In a manner and to an extent which will not Interfere
with the purpose of the easement. Lessor hereby releases
Lessee from any liability to Lessor for any and all loss,
cost or damage which Lessor may sustain by. reason of, or in
connection with, said easements and the use thereof.
In tr.e event Lessee does not provide s driveway
connecting Kaymar Drive to Easement Area Xo. 2 across the
northerly boundary of ssid Easement Area, Lessor shall have
\c r
at any time to construct such driveway at It
cost.
The portions of the Leased Premises subject to such
easements are described as follows:
EASEMENT AR£A_NO_.__1
That portion of the Northwest One-Quarter of
Fractional Section 32 Township 11 South,
Range 4 West, San Bernardino Base and Meridian,
... in the City of Carlsbad', County of San Diego,
State-of California, more particularly described
as follows:
Beginning at the Intersection of the Easterly
right-of-way line of that 126.00 foot street
known as El Casino Real with the southerly
right-of-way of State Highway Xl-SD-78 as
shown on R.S. 1800-65; thence along said State
Highway right-of-way line; North 68°27'27"
East 124.74 feet to a point of intersection
with a 445.00 foot radius curve to the left,
a radial to which bears South 20°55'58" East;
said point being the TRUE POINT OF BEGINNING.
Thence along the arc of said curve 32.02 feet
through a central angle of 4°07I20" to a point,
a radial to which bears South 25°03'lo" East;
thence leaving ssid State Highway right-of~\-;ay
"line South 21b32'33" East 77.71 feet; thence
Northwesterly in a straight line S3 feet more
or less to the TRUE POINT OF BEGINNING.
EASEMENT AREA NO. 2 T-
•That portion, of the Northwest One-Quarter of
Fractional Section 32., Township 11 South,
Range 4 West, San Bernardino Base and Meridian
in the City of Carlsbad, County of San Diego,
State of California, -,ore particularly as
follows:
Beginning at the intersection of the Easterly
ri^ht-of-way line of that 126,00 foot streeti_/ -/known as El Carnino Real with the Southerly
right-of-way of State Highway Xl-SD-78 as
shown on R.S. 1800-65; thence along said- State
Highway right-of-way line; North 63°27'27"
East 124.74 feet to a point of intersection
with 445.00 foot radius curve to the left, a
radial to which bears South 20°55'58" East;
then ce along the arc o£ said curve 32.02
feet through a central anele of 4°07'20" to a
point, a racial to which bears South 25O03'18"
East; tiier.ce leaving sale Scace highway rlght-
• of-way line Soutft 2l°32'33" East 77.71 reet;
thence South 3^09'03'1 East 08.7 7 reet to a
point, said point being the TRUE POiNT OF
• BEGINNING; thence South 50°50'50" West 69.26
-19-
feet: Co a point, thence South 73°50'57"
West 120.05 feet co a point on the Easterly
right-of-v:cy line of El Camino Real, thence
North 3°09'03" I%est 30.00 feet, thence
Easterly in a straight line 176 feet more or
less to the TRUE POINT OF BEGINNING.
The boundary lines of the above described easements
are shown on the map of the Leased Premises attached hereto,
narked Exhibit "A", and incorporated herein by this reference.
___ 27. It is agreed that there are excepted from the
Leased Premises all of the oil, gas and other mineral; and
mineral rights within and underlying the Leased Premises.
Lessor reserves the right of entry at any point lying below
a depth of two hundred (200) feet for the purpose of exploring,
drilling and conveying and removal of any such substances and
installation of equipment and pipe lines for such purposes,
provided that any such entry shall be carried out in such
manner'as to avoid any interference with Lessee's buildings,
underground storage tanks and other installations on, in and
/™* *under, and Lessee's use of the Leased Premises. Lessor /•~-.')'\
•• ••• - e?- , *•-*• ^—agrees to indemnify, defend and ,hold Lessors harmless against
all expenses (including Lessee T's 'reasonable attorney's fees),
liability and claims for carnage toiprocerty or injury to,
or death of any person or persons caused by any act or
omission of Lessor, or any Sublessor, or any assignees, or
any of their respective employees, contractors, licensees,
invitees or agents arising out of or in any v;ay connected
with the activities authorized by this .paragraph of the lease.
Lessor hereby waives any and all claims against Lessee or
Lessee's agents or employees for any loss of, or carnage to,
personal px-operty for any injury sustained in, or aoout, or
in connection with said activities.
23. It is understood that Lessor under this Lease
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^^ Western Operations, Inc.
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Chevron
1660 Hotel Circle North, San Diego, CA 92108Phone (714) 299-5390
A. P. Youngman
Property Representative
Standard Oil Company of California,
Western Operations, Inc.
444 West Ocean Boulevard, Long Beach, CA 90802Phone (213) 435-8241, (213) 775-7526, (714) 821-6660
G. R. Vazin
H/our I\ACP.
FULL
TIME.
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5252 BAL30A AVENUE, SAM DIEGO, d^BORNIA 92117 714/278-3363
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ALAN M. VOORHEES
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TRANSPORTATION AND PLANNING CONSULTANTS
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ENTRANCE |«>a . g
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SANTA ANITA DEVELOPMENT CORPORATION
A subsidiaryof Santa Anita Consolidated, Inc.
William W. Hughes, Jr. . '
SeniorVice President August 6, |y/6
City of Carlsbad
1200 Elm Street RECEIVE!)
Carlsbad, California 92008 ~
Attn: Mr. Donald A. Agatep
Planning Director
Re: Conditional Use Permit 122 CITY OF CARl-SBAD
SP-146(B) Planning Department
McDonald's Use Permit and
Specific Plan Approval
Gentlemen:
We hereby request, per your suggestion, continuance of these hearings
from the scheduled August llth Planning Commission meeting until the August 25th
meeting.
We were prepared to withdraw these applications and request approval of the
architectural elevations and signing on plans to be submitted to you on a McDonald's
building which is in conformance with the existing approved Specific Plan Approval
SP~146(A). I understand that a question has arisen that some staff members believe
it is possible to interpret Section 21.42.010 (5) (O), which requires Conditional Use
approval for use by 'Take-Out Restaurants (where food is not served within a dining
area)", as including the proposed McDonald's building. Since the proposed
restaurant does serve food within a dining area, I do not believe that the issue is
open to question.
In any event, since it is the staff judgment that the McDonald's building
could fall within this use as written is open to interpretation and therefore that the
issue needs a decision by the policy body, the Planning Commission, 1 understand
that the procedure for us to follow is to ask for a continuance to the August 25th
meeting. Our request is that at that time, in the event the drive-up facility is
disapproved, that the Planning Commission review and approve the architectural
elevations and signs which will be delivered to you next week. Presuming the
„/nrii*. Newoort Beach.California 926601R O. Box 16801 Phone (7W644-6440
City of Carlsbad
August 6, 1976
Page 2
Planning Commission agrees that an interpretation can be made that the McDonald's
restaurant is a Take-out Restaurant as defined in your ordinance, and does in fact
make that interpretation, we request that they approve the Conditional Use Permit
and accordingly approve the revised submitted architectural elevations and sign
program for the building without the drive-up.
Thank you for your consideration.
Yours very truly,
SANTA ANITA DEVELOPMENT CORPORATION
William W. Hughes, Jr.
WWHrjr
cc: Mr. Ron Roberts, SGPA, Inc.
PLANNING & ARCHITECTURE
July 23, 1976
Mr. Don Agatep
Planning Director
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: Carlsbad Plaza
El Camino Real & Hwy 78
Carlsbad, California
Job No. 7584
Dear Don:
I would like this letter to serve as our official request for
a continuance of the Planning Commission hearing concerning
the specific plan amendment (McDonald's site plan revision)
and the architectural review of Building #1 (McDonald's).
This meeting is scheduled for July 28, 1976, and it is my
understanding that it will be rescheduled for August 11, 1976.
If for any reason this continuance can not be granted, please
contact me at your earliest convenience. This additional time
will allow us to provide the Planning and Public Works Depart-
ments with requested information.
Rona-ld 0. Ho.eri. RECEIVED
Project Architect
JUL26 1976RDR:jj
cc Bill Hughes CITY OF CARLSBAD
Planning Department
MEMBERS AMERICAN INSTITUTE OF ARCHITECTURE 440 UPAS STREET SAN DIEGO CALIFORNIA 92103 PO BOX 33326 TEL 714 297 0131
1200 ELM AVENUE jj, ^p^ 11 TELEPHONE:
CARLSBAD, CALIFORNIA 92008 1W1W tt'M (714)729-1181
Cttp of Cartebab
July 15, 1976
Retail Sales Manager
Standard Oil Company of California
1660 Hotel Circle North
San Diego, CA 92108
Subject: CHEVRON STATION -EL CAMINO REAL, CARLSBAD
Dear Sir:
I have called your office twice regarding the subject Station, and
would appreciate an opportunity to discuss with you the relationship
of the Station to a Shopping Center planned to the east and south.
A Specific Plan has been approved for a Community Shopping Center
immediately adjoining the Station. Santa Anita Development Corp.
has applied for modifications to the Specific Plan to allow a
McDonald's Restaurant to the south of the Station. Also involved
is joint use of two of the Station's driveways.
The City is currently evaluating the proposed modifications. It
is Staff's position at this time that the proposed driveway arrange-
ments be modified to discourage direct access between the Station
and the Shopping Center.
Because any modifications may involve the Service Station driveways,
I'm sure you will want to review the proposal and comment on it.
The matter is set for a Planning Commission Hearing on July 25,
1976. Therefore, it would be appreciated if you could*contact me
as soon as possible. I can be reached at (714) 729-1181, ext. 25.
yours
Allen C. Meacham
ASSISTANT PLANNER
AM:cpl