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HomeMy WebLinkAboutSDP 84-04A; Palomar Ventures; Site Development Plan (SDP)APPLllBfcON SUBMITTAL DATE: *, JANUAI^W, 1985 CA STAFF REPORT DATE: SEPTEMBER 25, 1985 TO: PLANNING COMMISSION FROM: LAND USE PLANNING OFFICE SUBJECT: SDP 84-4(A) - PALOMAR VENTURES - Amendment to a previously approvedsite development plan for the construction of two research and development buildings on the northwest corner of Palomar Airport Road and Avenida Encinas in the P-M-Q Zone. I. RECOMMENDATION sIt is recommended that the Planning Commission ADOPT Resolution No. 2472 DENYING SDP 84-4(A) based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting an amendment to one of the conditions of approval of SDP 84-4 located as described above. This site development plan provided for the construction of two office- industrial buildings on a 4.27 acre parcel. The Planning Commission approved this project at their meeting of July 25, 1984. The applicant would like to amend Condition No. 29, subitems O and Q of Planning Commission Resolution No. 2326 as explained in the applicants letter of January 4, 1985. These conditions dealt with the improvement of Palomar Airport Road adjacent to the property and the provision of a traffic signal at the intersection of Palomar Airport Road and Avenida Encinas. Although the letter submitted by the applicant is rather confusing, basically he is requesting to be relieved from constructing frontage improvements on Palomar Airport Road. Staff believes that there is no justification for the proposed revision and recommends that this request be denied. The proposed project will increase traffic in this area and contribute to the need for widening Palomar Airport Road. Condition No. 29 of Planning Commission Resolution No. 2326 establishes alternative means for funding the needed improvements in this area. The Engineering Department believes that this condition is necessary to provide the needed improvements in a timely manner and provides workable alternatives for the construction of these improvements. This same condition has been placed on the development adjacent to this site on Avenida Encinas, SDP 83-11, Palomar and Company and they are intending to comply with this condition. For more details see the attached memo from the Engineering Department dated August 16, 1985 and a letter from the City Engineer dated December 14, 1984. ATTACHMENTS 1) Planning Commission Resolution No. 2472 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Reduced Exhibits 6) Letter, dated January 4, 1985 7) Letter, dated December 14, 1984 8) Exhibit "A", Pages 5 and 6 of Planning Commission Resolution No. 2326 9) Environmental Document 10) Memo, dated August 16, 1985 - Appeal of. Conditions MH:bn 7/23/85 -2- %DCATION MAI SITE PALOMAR VENTURES S D P 8 4-4(A) BACKGROUND DATA SHEET CASE NO: SDP 84-4(A) APPLICANT: PALOMAR VENTURES REQUEST AND LOCATION: Amendment to the conditions of approval for a site development plan on the northwest corner of Palomar Airport Road and Avenida Encinas. LEGAL DESCRIPTION: A portion of Lot "H" of Rancho Aqua Hedionda according to Map No. 823 filed November 16, 1896. APN; 210-170-04 Acres 4.27 Proposed No. of Lots/Units J GENERAL PLAN AND ZONING Land Use Designation P-I Density Allowed N/A Density Proposed N/A Existing Zone PMr-Q Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site PM-Q Buildings (under construction) North PM Industrial South C-1 Vacant/Gas Station East C-T Restaurant (under construction) West -R-A-10 Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated May 4f 1984 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, Prior Compliance, August 17, 1985 If after the information iBhave submitted has been reflfcpd, it is determined «>,,,. t.in^mr inform*tion is required, you will be so adviSfct.that APPLICANT: AGENT: MEMBERSt PALOi-iAH VENTURE Name (individual, partnership, joint venture, corporation, syndication) 31877 Del O'bispo St., Ste. 211 San Juan Capistrano, CA 92675 Business Address 714/493-2222 • Telephone Number NEWPORT NATIONAL CORPORATION Name 31877 Del Obispo St., Ste. 211 San Juan Capistrano, CA 926"75 Business Address 714/49'3-2222 - Telephone Number • F.M. Brusseau, General Partner Name -(individual, partner, joint venture, corporation, syndication) Home- Address 31877 Del Obispo St., Ste. 211 San Juan Capistrano, CA 9.2675 Business Address 714/493-2222 Telephone Number D. Kent Dahlke Telephone Humber Born* Addr»ss 31877 Del Obispo St., Ste. 211 San Juan Capistrano, CA 92-J75 Business Address 714/493-2222 Telephone Number Donald ?. Shilev P.O. Box 207, Fauna.Valley, CA 92061 Telephone 2Uiab*r (Attach more sheets if necessary) I/He declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it trill remain true and correct and may b«* relied upon as being true and correct until amended. 73, 80 70 60 50 ORIGINAL QHOUND - ' RETAININQ WALL 80 70 80 50 ORIGINAL QROUNO --' CROSS SECTION B \BLDQ. A F.F. 84.00 80 70 60 50 CROSS SECTION B-1 80 70 60 50 80 70 60 50 ^JKI n BLDQ. A CROSS SECTION A , BLDQ. A RETAINING WALL -CROSS SECTION A-1 ENGMEnwa ASSOCUTES HORIZ. I'-10' 80 70 60 50 80 70 60 50 CROSS - SECTIONS CARLSBAD BUD BUILDINGS x- AT. 4 *r. iCAlUttPti" -^ T—1-^: I ^=z=E CTRUsrWwie. nV**iiTA-po4 B»««MC»JT fMKDi] PNTIOi 3.M/10M Eftft8:ffiyafty»Wtt& tttffit WU- BUILDING DATA *toi 4.17 tarn IIH.OOI t.r.i ' ,?'jM 8-p- *•*»•JfTfn «.r. ranc am •niDDW i, U,MS i.f. onoD n.s^n •.». Mn. mane ^J, I.VLOOO <i/«oi f« i oj' 8 *«c lei UU i J 0 sa Q K C 00 K O MM Ij ( r ^4'• __ § I i!yJ <« *-»7 IMBI 2 r SfTEPLAN January 4, 1985 Mr. Michael Holtzmiller City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: SOP84-4 Palomar Venture (Pacific Corporate Center) Dear Michael: As you may or may not know, we have had numerous problems and delays with the above referenced project. These problems and delays seem to have been caused by the city's engineering department making changes which they required prior to our pulling building permits. We believe that we now have an understanding and agreement as to what is required and we are awaiting plan approval. The problems that have arisen deal with engineering conditions 27, 28, and 29. We feel we have Condition 27 resolved and improvement plans were submitted for approval on November 15, 1984. We are still awaiting this approval, but having made all requested corrections for the second time, we anticipate approval very soon. Agreement has been made on Condition 28, but its date of occurrence or magnitude is still unknown. Condition 29 is still unresolved and it is this condition which has warranted the requested amendments. This condition is made up of three items. Item "0" deals with the widening of Palomar Airport Road adjacent to our property. Item "P" deals with temporary drainage and traffic control facilities. Item "Q" deals with the proposed signal at Palomar Airport Road and Avenida Encinas. We would like to request amendments to Condition 29, Items "0" and "Q". Item "0" has been a real problem and concern to us. The final alignment and amount of improvement to Palomar Airport Road is undecided at this time. This area is a part of the assessment district being formed and is covered in our condition 28. We have been working for some time with the city's engineering staff on these conditions and concerns. It is our feeling, and with the staff's support, that the improvements to Palomar Airport Road are too uncertain at this time and would more than likely have to be torn out and replaced if put in at this time. We are requesting that these improvements be removed from our conditions of approval and not a requirement of our obtaining a Certificate of Occupancy. i~l'(OS I'lu/rlu RL':I! Suite 26() Mission Vicjo (;:iliforni:i 926')! Mr. Michael Holtzmiller January 4, 1985 Page -2- Item "Q" deals with the signalization of Palomar Airport Road and Avenida Encinas. We discussed this item with the city's engineering staff many months ago and it was determined at that time that since Palomar and Company had done the signal plans already, that it was not necessary for us to duplicate the plans. The plans have been reviewed by the city and approved and are presently out to bid. Cliff Buford at Russell Gross Development Company told us that he expects the bids back on or about January 1, 1985. The cost of the signal is to come out of the public facilities fees. We would like to let Palomar and Company continue with working on the signal and to go ahead and construct it. We would request that the completion of the signal prior to a certificate of occupancy being issued to our project be removed from our conditions. The signal will be built as quickly as possible by Palomar and Company and will be paid for out of the public facilities fees which we will be paying upon pulling the building permits. We would appreciate your help and support in obtaining these amendments. We have discussed them at great length with all parties and find them to be equitable to all concerned. If you have any questions please do not hesitate to call me directly. Sincerely, NEWPORT NATIONAL CORPORATION JB/lc Encl cc: Frank Alshire Ron Beckman Mike House Jeffry Brusseau Vice President 1200 ELM AVENUE • fiSjF . • TELEPHONE CARLSBAD, CA 92008-1989 W&ti l/M (619)438-5541 Office of the City Engineer Cttp of Cartefcab December 14, 1984 Jeffry Brusseau, Vice President Newport National Corporation 27405 Puerta Real, Suite 260 Mission Viejo, CA 92691 RE: PD 230, PALOMAR VENTURES We met with George Loundsbury, your engineer, on December 12, 1984 to review and clarify the conditions of approval for your project on Avenida Encinas at Palomar Airport Road. George indicated that your areas of concern dealt with conditions number 27, 28 and 29 of Planning Commission Resolution 2326. What condition number 27 means is that prior to issuance of a building permit, ydu must have signed an agreement, posted acceptable security and have approved plans for Avenida Encinas including handicapped ramps, street lights and street trees. You must also have met the same requirements for sanitary sewers and laterals, water mains and laterals and storm drain facilities. The above improvements must be installed to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy. Condition number 28 states that you agree to participate in an assessment district to fund the modification of the inter- change of Palomar Airport Road and Interstate 5, the widening of the Palomar Airport Road bridge over the railroad and the modification of the Carlsbad Boulevard, Palomar Airport Road interchange. This condition also includes the installation of the signal at Avenida Encinas and Palomar Airport Road (if it hasn't already been installed by another developer or by you as required in condition number 29). This condition does not require compliance prior to issuance of a building permit. Condition number 29 is confusing in that it contains a typo- graphical error. Where it refers to condition 27, it should refer to condition 28. Condition 29 requires, prior to issuance of a building permit, a secured agreement to install all the widening required on your side of Palomar Airport Road and such pavement transition, traffic control facilities and DECEMBER 14, 1984 PD 230, PALOMAR VENTURES Page 2 temporary drainage facilities as good design practice requires. The secured agreement should also include the traffic signal at the intersection of Avenida Encinas and Palomar Airport Road unless it has already been installed by others. These improve- ments must be in place to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy. Condition 29 also states that you must agree to participate in any funding program to install those items listed in condition 28, even if that program is established after occupancy of your building. In summary, prior to a building permit, you must have a secured agreement to install the facilities specifically mentioned in conditions 27 and 29 and must have approved plans for the facilities mentioned in condition 27. All the facilities specifically mentioned in conditions 27 and 29 must be satis- factorily in place prior to any occupancy. Very truly yours, A- RONALD A. BECKMAN ' City Engineer i RAB:cle Attachment : Resolution No. 2326 cc: City Manager, w/attachment Development Division DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Cttp of Cartebab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: and Avenida Encinas. Northwest corner of Palomar Airport Road PROJECT DESCRIPTION: Site Development Plan and a Variance for the construction of two office-industrial buildings. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: June 21, 1984 CASE NO: SDP 84-4/V-360 APPLICANT: Palomar Ventures PUBLISH DATE: June 27, 1984 MICHAEL, Land Use Planning Manager ND-4 5/81 COVKT SfKSS (7.S' « 15') 6*1 Ill3 os M O i Q 08 2E pTTEPLAN 1130--OT ^ a in T1 ILI 1 -1 ~J V-- \ H* / Z.S*EV0.^*SI JW5C*-t= _4 ,/ ^-Mxib / /' \ 1 \ j_ \ \ / -$' v; > 1 -J -o~^ -^ -§, V•s J/Tl-T-*• 1 ^ W-l.«MIK*.iV V_| -»» ^ i*«*-rm.T "o X1B£*. ^, •» &PtilX f^f*. . "v\ 1 _ S NORTH © - - \ .--- 1 ^ f 1 ' 1 1 1 1 m -4. ^ i i ..- | | I 1 Hi x r\ /1..-I- EAST IB.) SOUTH (so]©© © ed^=^s!"— * < rS?S£!S!?3* -,, \ i ..u* i "-^f^r. . .-.=/JH -!,-._ -= ---=-- ' - : - ----- '-. '^f- ----- --.-; \ \ffi ,WEST ELEVATION 80 70 60 50 il H < ORIGINAL GROUND RETAINING WALL 80 70 60 50 s BLDQ. A F.F. 64.00 80 70 60 50 CROSS SECTION B CROSS SECTION B-1 t f 80 70 60 50 80 70 60 50 • ENGMEEflMO ASSOCIATES BLDQ. A CROSS SECTION A BLDQ. A CROSS SECTION A-1 HORI2. T-10' 80 70 60 50 80 70 60 50 CROSS - SeCTIONS CARLSBAD R * D BUILDINGS W.O.Ot-ll-lt-Of have submitted has been rev «d, it is det*ra:x after the information ^^ ' further information ^required, you wo.ll be so PALOl-iAR VENTUREAPPLICANT: AGENT: MEMBERS: "Name (individual, partnership, joint v«ntur«, corporation, syndication) 31877 Del Obispo St., Ste. 211 San Juan Capistrano, CA 92675 Business Addrsss 714/493-2222 Telsphon* Humb«r NEWPORT NATIONAL CORPORATION Nans 31877 Del Obispo St., Ste. 211 San Juan Capistrano, CA 926"75 Business Address 714/49'3-2222 . T«l«phoa« Muaber F.M. Brusseau, General Partner Name -(individual, partner, joint venture, corporation, syndication) HOBS- Address 31877 Del Obispo St., Ste. 211 San Juan Capistrano, CA 9.2e75 Businsss Address W-5**° 714/493-2222 _ _ _ ' Telephone Nunber D. Kent Dahlke Telephone dumber rraae Borne Address 31877 Del Obispo St., Ste. 211 San Juan Capistrano, CA 92u75 Business Address 714/493-2222 Telephone Ncaber Donald ?. Shilev P.O. Box 207, Fauna Valley, CA 92061 Telephone Suab*r (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be* relied upon as bting true and correct until aaended. STAFF REPORT DATE: August 22, 1984 To: Planning Commission FROM: Land Use Planning Office SUBJECT: V-362 - PALOMAR VENTURES - Request for approval of a variance to reduce a portion of the frontyard setback from 50 feet to 36 feet to allow for the construction of two research and development buildings on the northwest corner of Palomar Airport Road and Avenida Encinas in the P-M-Q zone. I.RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2338 APPROVING V-362 based on the findings and subject to the conditions contained therein. II.DISCUSSION AND BACKGROUND This project was previously considered at the July 25, 1984 Planning Commission meeting. At that meeting the Commission approved a site development plan for the construction of two research and development buildings on this site. The Commission also approved a variance to permit the reduction of the setback adjacent to Palomar Airport Road from 50 feet to 2 feet. At that meeting the applicant requested an additional variance to reduce a portion of the setback along Avenida Encinas from 50 feet to 36 feet as shown on Exhibit "X". This setback reduction would reduce the landscape area adjacent to Avenida Encinas from 35 feet to 21 feet at its narrowest portion. The applicant is requesting this variance to allow for the widening of Avenida Encinas to accommodate a left turn pocket without necessitating a redesign of this project. The commission felt that this was a reasonable request and directed staff to prepare documents for approval of a setback variance along Avenida Encinas as shown on Exhibit "X". Staff believes that the findings required for the granting of this variance can be made for a number of reasons. There are exceptional circumstances applicable to this property that do not apply to other properties in the vicinity because of the unusual alignment of Avenida Encinas and the need for a left turn pocket neccessitates additional right-of-way beyond what would normally be required in this area. This is the only property that is being required to dedicate this amount of extra right-of-way in this area. Due to the unusual circumstances involved, approval of this variance will not establish an undesirable precedent that could adversely impact the General Plan or adjacent properties. In conclusion staff believes that the four findings necessary for the granting of a variance can be made and recommends approval of V-362 as shown on Exhibit "X". III. ENVIRONMENTAL REVIEW The Land Use Planni-ng Manager has determined that this project is categorically Exempt from environmental review per Section 19.04.070 of the Carlsbad Municipal Code. ATTACHMENTS 1) Planning Commission Resolution No. 2338 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Exhibit "X", dated August 7, 1984 MH:bw 8/8/84 — 2— PLANNING COMMISSION RESOLUTION NO. 2338 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCE A 3 PORTION OF THE FRONTYARD SETBACK FROM 50 FEET TO 36 FEET GENERALLY LOCATED ON THE NORTHWEST CORNER OF PALOMAR 4 AIRPORT ROAD AND AVENIDA ENCINAS. APPLICANT: PALOMAR VENTURES 5 CASE NO.; V-362 g WHEREAS, a verified application for certain property, to wit; 8 A portion of Lot "H" of Rancho Agua Hedionda according to Map 823 filed November 16, 1896, 9 has been filed with the City of Carlsbad, and referred to the 10 Planning Commission; and 11 WHEREAS, said verified application constitutes a request a: 12 provided by Title 21 of the Carlsbad Municipal Code; and 13 WHEREAS, the Planning Commission did, on the 22nd day of 14 August, 1984, hold a duly noticed public hearing as prescribed by 15 law to consider said request; and 16 WHEREAS, at said public hearing, upon hearing and 17 considering all testimony and arguments, if any, of all persons 18 desiring to be heard, said Commission considered all factors 19 relating to V-362. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission of the City of Carlsbad as follows: 22 A) That the above recitations are true and correct. 23 B) That based on the evidence presented at the public hearing, 24 the Commission APPROVES V-362, based on the following findings and subject to the following conditions. 25 Findings; 26 1) That there are exceptional or extraordinary circumstances or 27 conditions applicable to the property because the subject property is being required to dedicate a strip of land along 28 its frontage for street widening to provide adequate traffic circulation for future commercial and industrial development in this area. 2) That such a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the area since no other property is being required to dedicate additional land to accommodate a left turn pocket and still maintain a 50 foot setback. 3) That the granting of this variance will not be materially detrimental to the public welfare or adversely affect the General Plan since the granting of this variance will not establish an undesirable precedent due to the unusual alignment of Avenida Encinas in this area and the need for a left turn pocket to provide adequate circulation. ' 4) That the project is consistent with all City public facility policies and ordinances since the applicant has agreed and is ° required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. 5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on June 21, 1984 and approved by the Planning Commission on July 25, 1984.-Lo Conditions:14 1) Approval is granted for V-362, as shown on Exhibit "X", dated August 7, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these _ conditions. 2) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with19 the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for20payment of said fee, a copy of that agreement, dated May 4, _.. 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 23 //// 24 //// 25 //// 26 //// 27 //// PC RESO NO. 2338 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of August, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RESO NO. 2338 -3- VOCATION MAP* SITE PALOMAR VENTURES \- V-362 JHMMMHMHMI^HMMHBBBB BACKGROUND DATA SHEET CASE NO: V-362 APPLICANT: Palomar Ventures REQUEST AND LOCATION: Approval of a variance for a setback reduction to allow construction of two buildings on the northwest corner of Palomar Airport Road and Avenida Encinas. LEGAL DESCRIPTION: All that portion of Lot "H" of Rancho Aqua Hedionda accord- ing to Map 823 filed November 16, 1896. APN; 210-170-04 Acres 4.27 Proposed No. of Lots/Units 1 GENERAL PLAN AND ZONING Land Use Designation P-I Density Allowed N/A Density Proposed N/A Existing Zone P-M-Q Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site P-M-Q. Vacant North P-M Industrial South C-1 Vacant/Gas Station East C-T Vacant West R-A-10yOOO Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated May 4, 1984 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, Exempt per Section 19.04.070