HomeMy WebLinkAbout1982-07-20; City Council; Resolution 69471
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RESOLUTION NO. 6947
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING WITH CONDITIONS TENTATIVE MAP (CT 81-46) TO CREATE 77 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
PALOMAR AIRPORT ROAD, SOUTH AND WEST OF PALOMAR
AIRPORT, APPROXIMATELY 3500 FEET WEST OF EL
CAMINO REAL.
APPLICANT: SIGNAL LANDMARK/CARLTON BROWNE CASE NO.: CT 81-46.
WHEREAS, on June 9, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1974 recommending to the City
Council that Tentative Map (CT 81-46) be conditionally approved;
and
WHEREAS, on July 6, 1982, the City Council of the City
of Carlsbad, held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Map (CT 81-46); and
WHEREAS, an Environmental Impact Report (EIR 81-6) for
CT 81-46 was prepared and certified as complete in satisfaction
of the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1980 and the California Environmental
Quality Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1974 constitute the findings of the City Council
in this matter.
C. That said Tentative Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
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D. That said amended Tentative Map CT 81-46 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 1974, dated June
9, 1982, marked Exhibit A, attached hereto and made a part
hereof and, in addition, the following Condition No. 50 to read
as follows:
50. "Prior to the approval of the final map for this
project the applicant shall enter into an agreement satisfactory
to the City Attorney to hold the City harmless from liability for personal injury or property damage, or liability resulting from inverse condemnation caused by or resulting from the
operating of Palomar Airport or aircraft using Palomar Airport or from the approval of this project. This condition shall apply to that portion of the project located within the FAA
"clear zone" or "crash zone" of the airport as identified by the Environmental Impact Report."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, held on the
day of July , 1982, by the following vote, to wit:
20th
AYES : Council Menibers Casler, Lewis, Kulchin, Chick and heas
NOES: None
ABSENT:
ATTEST :
ALETHA L. RAUTENKRANZ, City ClejF
(SEAL)
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it:
EXHIBIT A .' F?ESOLW~ NO.6947
PLANPIING COMMISSION RESOLUTION NO. 1974
A RESOLUTION Ck THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD , CALIFORNIA, REC0P:MEMDING APPROVAL
OF A.TENTATIVE SUBDIVISION EIAP TO CREATE 77 LOTS ON
PROPERTY GENERALLY ZQCATED ON THE- NORTH SIDE OF
PALONAR AIRPORT ROAD, SOUTH AND WEST OF PALOEIIAR'
AIRPORT, APPROXIMATELY 3500' WEST OF EL CAMINO
REAL. APPLICANT : SIGNAL LANDMAXK/CARLTON B2OWNE
CASE NO: CT 81-46
WHEREAS, a verified applicagion for certain property to,
A portion of Lot "(3': of Rancho Agua Hedionda, in the
County o€ 'San Diego, accordi.ng to Map thereof No. 823,
filed in the Office of the County Recorder, November i6,
1896
as been filcd.with the c-ity of Carlsbad, and referred to the ~.
lanning Conmission; and
WHEREAS said ve.yif ied application constitutes a request a:
rovided by Title 21 of .the Carlsbad ,Municipal' Code; and
WHEREASp the Planning Commission did, on the 9th day of
une, 1982, hold a duly nQticed public hearing as prescribed by law
o consider said request; and
' KWEREAS at said pub1 ic hearing, upon hearing and
onsidering all testimony and arguments, if any, of all persons
esiring to be heard, said Commission considered all factors
,elating to the' Tentative Tract Pkp. '
j I NOW, THEIIEFORE, BE IT HEREBY RESOLVED by the Planning
-' , . t
:ommission as follows:
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That the above recitations are true and correct.
That hased on the evidence presented ak the public hearing, the
Commission recommends APPROVAL of CT 81-46, based on the following findings and to the following conditions: '
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The project is consistent with the city's General Plan since
the proposed industrial subdivision is consistent with the
Planned Industrial designation for the site as indicated on thc
Land Use Element of the General-Plan.
The site 'is physically suitable for the type and density of thc
development since the site is adequate in size and shape to , . accommodate industrial development at the density proposed.
The project is consistent with all city public facility pol- icies and ordinances since:
a) The Planning Commissi.on has, by inclusion of an appropriat condition to this project, insured that the final map will not be approved unless the City COui2Cil finds that sewer
service is available to serve the project. In addition, the Planning Commission has added a condition that a note
shall he-placed on ehc final map that building perniits may not he issued for the project unless the City Engineer
determines that sewer service is available, and building
remains available, the Planniillg Commission is satisfied
that the requirements of the public facilities element of
the General Plan have been met insGfar as they apply to
sewer service for this project..
. cannot occur 'within the project unless sewer service
' b) A3.1 necessary public improvements have been provided or will be required as conditions of approval.
c) 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 .
d) Assurances have been gi'ven that adequate sewer for the
project will be provided by tlie city of Carlsbad.
The. proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for . industrial development on the General Plan.-
An Environmental Impact Report has been prepared and the
Planni.ng Commission has recommended, by minute motion,
certification of the EIR to the City Council. The Craft Environmental Impact Report has been amended to include the
comments and documents of those testifyinq at the public heari'ng and responses thereto. The PlaIining Commissio.n
certifies tjiat the Rnvironnental Impact; Report has heen cotrip 1 e t ed i n co 11 form an ce w i t h t h e C a 1 i f dr n i a E nv i r onmc n t a 1
Quality Act and the State guidelines and that the Planninq Commission has reviewed, considered and evaluated the information containcd in the report. The Environmental Impact
Report as so amended and evaluated is recommended for
RES0 NO. 1974 -2-
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acceptance as the Final Environmental Impact Report, and that the Final Impact Report as recommended is adequate and
provides reasonable information on the project and all
reasonable and feasible alternatives thereto, including =no pro j e c t . 'I
.
Con2 it ions :
General Conditions
Approval is granted for CT 81-46, as shown on Exhibit "A",
dated June 9, 1982, incorporated by reference and on file in
the Planning Department..
stantially as shown unless otherwise noted in these condi- tions.
This project is approved upon the express condition that the final map shall not be approved unless the City Council finds
as of the tine of such approval that sewer service is avzi1abl.t to serve the subdivision.
This project is approved upon the express 'condition that
subject property unless the City Engineer de'termines that sewex facilities are available at the tiwe of application .for sxch sewer permits and will continue to be available uctil tixe of
occupancy.
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 with the
City Clerk and incorporated herein by reference, and acccrding
to the agreement executed by the applicant for paynent of said fee a copy of that agreenent dated October 29, 5980, and
amended on May 28, 1982, is on file with the City Clerk ad incorporated herein by reference. promised, this appli'cation will not be consistent with tho
General Flan and approval for this project shall be void.
Development shall occur sub-
building permits will not be issued for development of tke f
This note shall be placed on the final nap.
If said fee is not pai? as
'lanning Department
i) The applicant shall establish a' property owner's association and corresponding covenants, conditions and restrictions. Said
'Department prior to final map approval for each phase.
The applicant shall prepare .a detailed landscape and
irrigation plan, for all special landscaped streets, mini-
parks and cominon are'as, which shall be submitted to and approved by the Planning Director prior to approval of the
final map for each phase.
. CC&FP's shall be submitted to and approved by the Planning
;)
') All approved 1.andscapi.ng fo? special landscaped streets ar.3
common areas shall he installetl'prior to occupancy of each phase.
'C RESO NO. 1374 -3-
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All landscaped are;;ls shall be. maintained. in a healthy ar.d
thriving condition, free from weeds, trash, Eind debris.
Approved landscaping and facilities for mini-parks shal: be
installed Dy the developer prior to building developinen: of
60% of the acreage of the entire phase within which they are
located as they are shown on the tentative map.
Any signs proposed for this development shall be design53 in
conformance with the city's Sign Ordinance and a2proved
specific plan and shall require review and approval of =:?e
Planning Department prior to installation of such signs.
A uniform sign program for this. development .shall be sut2itted to the Planning Department for their review and approvaL prior to occupancy of any building. .
The applicant shall submit a street name list consistent with
the city's street name policy subject to the Planning Director's approval prior to final map approval ,
The project shall provide bus stop facilities at locaticx subject to the satisfaction of the North County Transit 3is- trict. Said facilities shall at a minimum include a Serz:?,
free from advertising and a. pole for che bus stop sign. The bench and pole shall be designed in a manner so as to nc, detract from the basic architectural theme of the projesz and said design shall be subject to the approval of the Planing
Director and North County Transit District.
.
The project shall attempt to develop a ride to work and home
prOgraiG for its employees with the North County Trai;sit 3is- trict. Furthermore, the project shall attempt to limit ::?e
staggering of worker shifts so as to facilitate the succ~ss of
said program.
Approval of Tentative Tract No. 81-46 is granted subject to
approval of Zone Change 250 and to approval of the annexition
of this property to the city of Carlsbad,.
Approval of this tentative tract map shall expire twenti--four
months from the date of City Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied 2: tne
discretion of the City Council. In approving an extensizn, the
City Council may impose new conditions and may revise existing conditions. ..
The developer shall' offer short-term leases of agriculturally
viablle parcels as feasible until such time as these parzels are developed.
Devclopincnt of the project -site shall conform to FAA'standards
rcgardincl height limitation:; which may apply to conxtruc:ion of builciings within Airport 13usincss Center Carlsbad.
z ItESO NO. 1974 -4-
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Engineering . ..
19) The applicant shall agree to make provision to utilize
reclaimed water, on the subject, property in all common areas as approved by the City Engineer.
20) The reclaimed water irrigation system shall be maintained and . operated consistent with the requirements of the city of
Carlsbad, under a contractual agreement with the homeowner’s
association that is to give khe city total assurance that they
would always have the ability to discharge the effluent.
21) Irrigation systems to accommodate future reclaimed water shall be designed consist.ent with Titie 17 of the California State Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize
street exc.avat ion.
;rad ing
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The developer shall obtain a grading perinit prior to the
commencement of any clearing or grading of the site.
23) The gradhg f6r this prbjeci is dc’fined as “controlled grading‘
. by Section 11.06.170(a.) of the Carlsbad i;lunicipal Code. . Grading shall be perf‘ormed under, the observation of a civil
engineer whose responsibility it shall be -to coordinate site
inspection 2nd testing to insure compliance of the work with the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
Upon conpletion of grading, the developer ,shall insc?re that an
“as-graded” geologic plan shall be ,submitted to the City
Engi.neer, The plan shall clearly show all the geology as
exposed by the grading operation, all ge.ologic corrective measures as actually constructed arid must be based on a contoui map which represents both the pre and post site.gr.ading. This
plan. shall be signed by both.the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar or similar drafting ,film .and shall become a permanent record.
No Grading shall occur outside the limits of the subdivision unless a letter of permission is’obtained: from the own’ers of ~
the affected properties.
No cut or fill slopes shall be steeper than a ratio of 2
horizontal. to 1 vertical (2:1).,
Additional drainage easements and drainage structures shall be
provi.ded or j.nstallcd as may be rcyuirecPby the County Department of Sanitation and Fl.ood Control or the City Engi-
neer.
?C RESO NO. 1974
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The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drainags
systems in conformance with the Master Drainage Plan and City
of Carlsbad Standards as required by the City Engineer.
Land for all public streets and easem'ents shown on the ten-
tative map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encumberances.
Direct access rights for all lots abutting Palomar Airport
Road and all lots abutting College Roulcvardd, except for one
joint driveway access to lots 25 and 26 of Phase 3 shall be
waived on the final map.
Direct access rights for lots 12 and 13 in Phase 1, abutting
''D" Street shall be waived on the final map. Direct access rights for lot 1 in Phase 1 and lot 3 in Phase 2, abutting Camino Vida rcoblc shall be waived on the final map.
Pub1 ic Improvements .
32) All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to occupancy of any buildings within the phase 'for which the improvements . are required. 4.
Streets
33) Unless otherwise stated in the conditions below, all street
. improve.ments within a phase shall be constructed by the . developer to full-width.
34) Except as indicated in the conditions below, all street
improvements will occur in conjunction with adj accnt development.
35) The developer shall construct half-street improvements, including a raised median, along the Phase 1 frontage of
Palomar Airport Road and provide a transition east of Camino Vida Roble for Paloinar Airport Road improved to the
. satisEaction,of the City Engineer prior to occupancy of that
phase.
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36) The developer shall construct hilf-street improvements,
including a raised medi?.n, along the Phase TI frontage of
Palomar Airport Road prior to occupancy of Phase 11.
37) College Boulevard shall be improved full-width within 'the Phase I11 boundaries prior to occupancy -of that phase. The full 102-foot right-of-way shall he dedicated at the time of
the final- map for Phase 111 with gradihg being done for the ultimate street width. ..
.a PC RESO NO. 1974 -6-.
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38) Collelje Boulevard shall'be improved off-site, from the southern boundary of Phase I11 to Palomar Airport Road, with a
. 32-foot width including curbs prior to occupancy of Phase 111.
The full 402-foot right-of-way shall be dedicated.
Notwithstanding conditions '35 a& 36 the City Engineer may
request construction of College Boulevard to city standards prior to occupancy of Phase 111 based or! the following
39)
, occuryences:
a) Increase of 5,000 VDP in ADT (based on Fall 1980 traffic
counts) on El Camino Real between Tamarack Avenue and Palomar Airpprt Road.
b) Increase in 5,000 VDP in ADT. (based on Fall 1980 traf,fFc
counts) on Falomar Ai'Lport Road between El Camino Real and .Paseo del Norte.
$0) Prior to occupancy of Phase 1, CEiinino Vida Roble shall be
constructed full-width between Palomar Airport Road and 'ID"
Street.
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11 ) I'D" Street shall be constructed to full-width improvements
from Palomar Airport Road to the wsst end of Phase I prior to occupancy of that phase,
42) "D" Street shall be constructed to .full-wj.dth improvements
from the west end of Phase 1 to College Boulevard, prior to
occupancy of Phase 111. . .
$3) Sidewalks shall be constructed to city standards on both sides of the foll-owing streets: College Boulevard, Cnmino Vida
minimum, sidewalks constructed 'to city standards on orie siGe of the street,.
. Roble and "D" Street. All other streets will have, at a
Traffic Signals
44)
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The developer shall enter into a traffic signal agreement with
the city and post/ aa bond to insure construction of the required traffic signals prior .to tiie approval of the final
map for each phase.
signals to be borne by the developer is as follows: 45) The required signals and the percentage of the cost of these
Phase ! Developer
Intersection Located -- . cost
Palomar Airport Rd and Camino Vida Roble * 1.
Palomar Airport Rd and "D" Street' ' * 1
:amino Vida Roble and "D" Street. . 100% ' 3
College Boulevard and ''D" Street 100% 3
"Cost of thik signal shall be the difference between that of il thrcc-way intersection and a four-way 'intersection. 13- -TJ$
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The developer shall install the.required traffic signals when
th.e City Engineer, determines that such signals are warranted
and so notifies the developer in writing.
The developer shall comply with all the rules, regulations arid
design rgquirements of the respective. sewer and water agencies regarding services to the project.
The retention basins shall be constructed in the initial stage of grading for the phase in which they occur, These basins shall be maintained by the prpoerty. owner's associati'on. Th.is
responsibility shall be clearly stated in the CCIR's.
This subdivision contains a remainder parcel. No buildincj
permit shall be issued for the remainder parcel until it is Eurther subdivided pursuant to the provisions of Title 20 of
the Carlsbad Nunicipal Code. This note shall be placed on the
final map. . .
PASSED, APPROVED AND ADOPTED at a regular meeting of the
,lanning Commission oE the city of CarPsbad, California, held on thi
th day of June, 1982, by the followj-ng vote, to wit:
AYES: Commissioners Marcus , Schlehuber , Jose and RaFilins. ..
NOES : None.
ABSENT: Chairman Farrowp Commissioners Friestedt and Rombo t k s .
. ABSTAIN: None.
-- CLAREN CZ SC IILEHU BER
CARLSBAD PLANNING COMMI,SSION
V i cGCh a i rman
iTTEST : ..
I'
JAMES C, HAGPLMAN , Secretary
XRLSBAD PLANNING CObII*lISSION . ..
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-a- ?C RES0 NO. 1971