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HomeMy WebLinkAbout1971-06-15; City Council; Resolution 1870t $ 1( II 1; 1: 11 1 I 1' I 1 2 2 2 2 2 2 2 .2 2 i c c r % * e RESOLUTION NO. 1870 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, OVERRULING PLANNING COMMISSION'S DECISION AND ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE CLASSIFICATION, SPECIFIC PLAN AND CONDITIONAL USE PERMIT FOR CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM ZONE R-A TO ZONE C-2. WHEREAS, the Planning Commission of the City of Carlsbad genied applicant's request for change of zone, specific plan,and zonditional use permit for a freeway facility; and WHEREAS, applicant appealed said decision to the City Council; 2nd WHEREAS, the City Council followed all steps required by heard and considered all evidence presented, and did decide t law, overrule the Planning Commission's decision and grant said appeal for change of zone and specific plan; NOW, THEREFORE, the City Council of the City of Carlsbad does hereby find the following facts and reasons to exist, which call for the granting of said application for change of zone, specific plan, and conditional use permit. 1. The project with the two service stations meets the criteria adopted in September, 1970; 2. The project includes recreation, commercial and motel facilities ; 3. The service stations represented by the appellant and architect will be, in a sense, landscaped into the project; and 4. The service stations have been moved away from the central city area, which is desirable; and it does hereby overrule the Planning Commission's decision denying said application and does hereby grant a change of zone from R-A to C-2 on the following described property: xx I 2 2 ., 4 c 6 7 E 5 IC 13 1: 1: li If It 1' 11 l! 2r 2: 2, 2 2 2 2 .2 2 2 3 z 7. c That Portion of Lot H, Rancho Aqua Hedionda Map 823, in the City of Carlsbad, County of San Diego, State of Qlifornia; also being Parcel 12, Book 210, Page 010 of the Assessor's Map of San Diego County; Ind it does hereby impose on said real property a specific plan as :hown on Exhibit "A", and subject to the following conditions: 1. That development shall be generally in conformance with the Specific Plan, Exhibit "A". 2. That those areas shown as planter and landscaped areas on Exhibit "A" shall be planted in conformance with a plan prepared by a registered landscape architect and approved by the Planning Department. Such plan shall include tree, shrubs, flowers, groundcovers, sprinklers and a maintenan schedule designating the firm or persons responsible for said maintenance. 3. The proposed service stations shall be developed in con- formance with Item 7, Section 1400, Article 14 of Ordinan No. 9060, setting performance standards concerning develog ment of same. 4. An architectural concept shall be adopted for the total development and preliminary elevations shall be submitted to the Planning Department for approval, prior to final plan submittal for a building permit. 5. All exterior lighting fixtures and parking lot luminares shall be of an ornamental type, which will screen adjacent properties against glare from a direct light source. The design and type of fixtures shall be approved by the Planning Department prior to installation to assure harmony with approved architectural concepts and uniformit throughout the development. 6. Facilities for the storage of refuse and trash containers for all facilities shall be provided for within or adja- cent to the proposed structures and shall be oriented in -2- 1 2 3 4 5 6 7 8 9 10 11 32 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 such a way they will not be visible from Cannon Road or Interstate 5. 7. Freestanding signs shall be limited to one(1) of this type, located adjacent to the freeway ramp and constructec only for the purpose of advertising the proposed freeway service facilities; other than said limitation, all signs shall be developed in conformance with the City of Carls- bad sign ordinance. 8. A minimum of one(1) other freeway-oriented facility shall be under construction prior to the opening of any other facility for business. The development of two(2) service stations shall not constitute fulfillment of this condi- tion. 9. The Southwesterly most extreme driveway opening on this property shall not open Southerly into Cannon Road, but shall be oriented Westerly into the adjacent 60-ft. wide easement. 10. Two(2) standard 4 x 4” fire hydrants, on minimum 6-inch mains, shall be constructed as required and approved by the City Fire Department in the following locations: a. Adjacent to curb in Cannon Road; b. Four hundred(400) feet Northerly within the proposed development and in the Easterly planter area. 11. The following items shall be developed in conformance wit. City standards and as specified or approved by the City Engineer: a. A map showing the parcels to be leased or sold shall be filed in accordance with the State Map Act. b. A half-width public street shall be opened from the Interstate freeway to El Arbol Drive to serve this property and right-of-way fifty-one(51) feet in width shall be dedicated to the City prior to the issuance -3- 2 3 4 5 6 7 9 11 PO jl c. Full-street improvements shall be constructed on the half-street in accordance with City Subdivision Ordinance, and as required by the City Engineer. d. A 10-inch VCP sewer line shall be constructed from the freeway right-of-way to the 42-inch trunk line in the railroad right-of-way. shall be approved by City Engineer prior to any 11 I I construction. f. Access rights to Cannon Road shall be dedicated to the City, except at a single location opposite Avenida 14 15 21 22 23 Encinas, as shown on the Specific Plan (Exhibit "A".) g. The applicant shall enter into a standard, bonded subdivision improvement agreement, guaranteeing com- i. Water lines are available to this property, subject to the payment of necessary fees and charges to the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the City pletion of the public iniprovements. 17 18 19 20 h. The applicant shall enter into a future improvement agreement for the installation of the Northerly leg o a future traffic signal at the intersection of Avenida Encinas. 24 25 26 ,27 28 29 30 31 32 Council held on the 15th day of June, 1971, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis. NOES : None. ABSENT: None. ATTEST: 1 MARGARET E. ADAMS, City Clerk City of Carlsbad Carlsbad, California