HomeMy WebLinkAbout1985-04-02; City Council; Resolution 7956RESOLUTION NO. 7956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 84-5 TO ALLOW CONSTRUCTION
ACRES OF PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF EL CAMINO REAL NORTH OF THE CABLEVISION
BUILDING.
APPLICANT: CARLSBAD GATEWAY CENTER
CASE NO.: SDP 84-5
OF A MIXED USE INDUSTRIAL/OFFICE COMPLEX ON 16.5
WHEREAS on February 14, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2410 approving SDP 84-5; and
WHEREAS, the City Council of the City of Carlsbad, on
December 18, 1984 and on March 19, 1985 held hearings to
consider the recommendations and heard all persons interested in
or opposed to Site Development Plan No. 84-5; and
WHEREAS, the Land Use Planning Manager and the Planning
Commission have determined that the project will not have any
significant impacts on the environment and a Negative Declaratioi
has been prepared, filed and approved by the Planning Commission
on February 14, 1985 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 and conditions of the Planning
Commission contained in Resolution No. 2410 constitute the
findings and conditions of the City Council in this matter. Sit(
Development Plan No. 84-5 is approved subject to the conditions
of Planning Commission Resolution No. 2410 with the exception of
an additional condition number 49 to read as follows:
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"49. If any condition for construction or financing of any public improvements or facilities, or the payment of fees in lieu thereof, is challenged this approval shall be suspended. If any challenged condition is
determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with all requirements of law and council policy, and that all the public facility needs created by this project have been or
will be mitigated."
C. That in order to mitigate the public facilities
needs created by this project, to reduce adverse traffic
conditions which would otherwise result from the traffic
generated by this project, to ensure that the access to this
project from El Camino Real is a secondary access, and to ensure
consistency with the Circulation Element of the General Plan it
is necessary to condition this project on the provision of Palmei
Way to the "Barbour connection" as provided in conditions 34 and
35 of Planning Commission Resolution No. 2410. The City Traffic
Engineering consultant has specifically testified that the
traffic generated from this project necessitates the provision of
the streets specified in conditions 34 and 35 of Planning
Commission Resolution No. 2410.
D. That Site Development Plan No. 84-5 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.
E. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of
the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
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"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, 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; however, 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 record, the time within which such petition may be filed in court is extended 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, 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 ."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on the
1985 by the following vote, to wit:
AYES: Council Members Casler, LRwis, Kulchin, Chick and Pettine
NOES: None
ABSENT:
ATTEST :
Yfd* @-L-
MARY H. ASLER, Mayor
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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 WINO REAL,
NORTH OF THE CABLEVISION BUILDING.
APPLICANT: CARLSBAD GATEWAY CENTER
CASE NO: SDP 84-5
CONSTRUCTION OF A MIXED-USE INDUSTRIAL/OFFICE
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission: and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal;code,
the Planning Commission did on the 14th day of November, 1984, on
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 Carlsbad, County of San Diego, State of California as shown at Page
10060 of Parcel Maps filed in the Office of the County
Recorder of San Diego County, May 23, 1980.;
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to Site
Development Plan No. 84-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 hearing, the Commission APPROVES SDP 84-5, based on the following
findings and subject to the following conditions:
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Findings :
The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added a
condition that a note shall be placed on the final map
that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
public facilities.element of the general plan have been
met insofar as they apply to sewer service for this
project . b) All necessary public improvements have been provided or
will be required as conditions of approval. c) The applicant has agreed and is required by the incl'usion
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.
The project is consistent with M-Q zone standards and is
compatible with surrounding existing and future uses in the
area.
The project, as conditioned, is consistent with the "El
Camino Real Corridor Standards".
The uses as listed on Exhibit "X", dated October 10, 1984,
are compatible with existing and future permitted uses in
this vicinity as stated in the staff report.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on September 18, 1984 and approved by the
Planning Commission on January 23, 1985.
The project is located within the Palomar Airport Influence
area and has been found to be consistent with the provisions
of the Palomar Airport Comprehensive Land Use Plan per the 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 Planning
Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
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This project is approved upon the express condition that
buildhg permits shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the project.
This project is approved upon the express condition that building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer facilities are available at the time of application for
such sewer permits and will continue to be available until time 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 according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated July 19,
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 of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicabxe City
ordinances in effect at time of building permit issuance.
approval for this project shall be void. --
Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
Land Use Planning Conditions:
The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. Such plan shall minimize the amount of landscape area devoted to lawns and other plantings requiring large
amounts of water, and shall include drought tolerant species in their place. In addition, this plan shall incorporate
landscape standards identified for this area in the Landscape
Guidelines Manual.
A 500' scale map of the project shall be submitted to the
Land Use Planning Manager prior to the recordation of the
final map. Said map shall show all lots and streets within and adjacent to the project.
10) All parking lot trees shall be a minimum of 15 gallons in
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All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
A uniform sign program for this development shall be submitted to the Land Use Planning Manager for his review and approval prior to occupancy of any building. As part of said program, no free standing signs shall be allowed along El Camino Real.
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Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning
Manager .
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director.
Project entryways and landscape areas shall be designed as identified on Exhibit "A", dated August 24, 1984. The s_etback along El Camino Real shall be redesigned to include a minimum 25-fOOt landscape area from right-of-way line (including revised right-of-way line to accommodate a deceleration-
lane) to parking area along this entire frontage subject to
the approval of the Land Use Planning Manager. This redesign
will include the deletion of 17 parking spaces adjacent to the deceleration lane. All other setbacks shall be maintained as shown on this exhibit.
Uses allowed in "Building B" shall be restricted to those uses
and conditional uses identified in Exhibit "X", dated October
10, 1984, attached to this resolution. A note to this effect shall be placed on the approved site development plan and on subsequent building plans.
All aspects of the "El Camino Real Corridor Standards", as
they pertain to this site, shall be complied with in their entirety.
Engineering Conditions :
18) The developer shall agree to participate in the formation of
and shall participate in an assessment or other district as
may be satisfactory to the City of Carlsbad Council to fund
the design and construction of improvements for the sanitary sewer facilities serving the AH27 Basin as shown on the, "Interceptor and Trunk Sewer System Master Map," dated June 1984, which is on file in the Office of the City Engineer. Other areas as the City Engineer may determine necessary or
desirable may be included in any such district.
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Pretreatment of the sanitary sewer discharge from this project
may be required. In addition to the requirements for a sewer connecEion permit the developer shall conform to the
requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste discharge permit concurrently with the building permit for this project.
No Certificates of Occupancy for the project will be issued
before the industrial waste discharge permit application
requirements have been met, all applicable fees paid and the
permit issued.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal, Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site
inspection and 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 completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the
enqineering 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 project
unless a letter of permission is obtained from the owners of
the affected properties.
A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site
if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
The off-site slope laying to the east of this project shall
be graded so as to provide a 2:l slope for its entire extent
adjacent to this project or the improvements required by
these conditions.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
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-site siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall quarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
Additional drainaqe easements and drainage structures shall be provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi- neer.
The developer shall pay the current local drainage area -fee
prior to approval of the final map or shall construct drain-
age systems in conformance with the Master Drainage Plan and
City of Carlsbad Standards as required by the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of building permits. -
The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and
24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired
results. Alternate methods of meetinq this condition that 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 allowing
continued discharge of storm waters through the private storm
drain system within the project. The storm drain system on this project shall remain private and shall be maintained by
the owner of the project.
Land for all public streets and easements shown on the site
plan shall be dedicated on the final map and shall be
granted to city free and clear of all liens and encum-
brances .
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Palmer Way to full width industrial street standards from its existing northerly terminus to the northerly line of the project. This includes securing the right-of-way for this street.
A temporary turn-around, barricade and warning signs for
the northerly temporary terminus of Palmer Way.
Sanitary sewer from the existing manhole (which lays
approximately 155 feet easterly of the intersection of
Palmer Way and Impala Drive) thence to the intersection
of Palmer Way and Impala Drive thence to the northerly
line of the project. Manholes constructed under this
item shall have appropriate stubs for future connections.
The developer shall commission a sewer basin study sufficient in detail and to the satisfaction of the City 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 street standards for its entire length along the project
frontage The median required by this sub-item shall be
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 adjacen
to the curb inlet located approximately 235 feet northerl-
of the southwesterly corner of the project. It is anticipated that approximately 50 square feet of sidewalk
must be replaced.
Removal and replacement of all public facilities damaged
during the course of constructing this project
The developer shall record an easement securing the right of
unrestricted public access for the property adjacent to the
southerly line of the project that fronts on El Camino Real.
The form and content of the easement deed shall be to the
satisfaction of the City Engineer and shall be recorded and a certified copy provided to the City Engineer p5or to
issuance of a building permit. The access easement shall be
no less than 24 feet wide and shall include access from both Palmer Way and El Camino Real via the right in/out driveway
permitted by this project.
Improvements listed in this section shall be installed or
agreed to be installed by secured agreement by the developer
before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy
of any portion of the project for any purpose. The
improvements are:
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35)
Deceleration lane and appropriate signage for the driveway
on El Camino Real. The lane shall be no less than 100
feet long. The deceleration taper shall be no less than
50 feet long. Except for the tapered portion, the lane shall be no less than 12 feet wide. Palmer Way to full width industrial street standards from the northerly line of this project to the westerly line of "C" Street, except that the pavement width shall be 28 feet and centered in the right-of-way. Concrete curb,
gutter and sidewalk may be omitted. Asphalt curb shall be provided. A 300 foot long width transition for Palmer Way, with appropriate signage, shall be provided from the
northwesterly boundary of the project in a westerly
direction. The alignment of Palmer Way and the location
of "C" Street shall be similar to that shown on the
approved tentative map for CT 83-6.
"C" Street to full width industrial street standafds from
the northerly line of Palmer Way to the existing
travelled way of El Camino Real, except that the pavement
width shall be 28 feet and centered in the right-of-way. Concrete curb, gutter and sidewalk may be omitted.
Asphalt curb shall be provided. The alignment and 2 location of "C" Street shall be similar to that shown on
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 approved.
El Camino Real to prime arterial standards for its
northerly half for distances of 300 feet on each side of
the intersection with "C" Street, except that only improvements that pertain to those facilities required by
the City Engineer to construct a right in/out only
intersection with "C" Street shall be reuired.
The developer may satisfy conditions 34(1), 34(m) and 34(n), by initiating and completing the proceedings for an assessment or other district as may be satisfactory to the city of Carlsbad Council to fund the design and construction of the improvements listed in this condition. The district formation proceedings shall be completed prior to the
issuance of building permits.
a) Palmer Way to full width industrial street standards from
it's existing northerly terminus (which lays
approximately 390 feet north of the south-east corner of
this project) to the northerly line of IC' Street and
from the easterly line of College Boulevard to the easterly line of 'B' Street.
b) Palmer Way to full width collector street standards from
the easterly line of 'B' Street to the northerly line of
'C' Street,
c) IC' Street to full width industrial street standards from
Palmer Way to El Camino Real.
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d) The portion of College Boulevard east of its median and
laying between the westerly extension of the northerly
right-of-way line of Palmer Way to the southerly line of El Camino Real. The portion of College Boulevard to be constructed shall be to major arterial standards except
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 side of the intersection with 'C' Street, except that only
improvements that pertain to those facilities required by the City Engineer to construct a right in/out only intersection with 'C' Street shall be required.
f) Temporary median improvements, lane striping, traffic
warning and control facilities (excluding traffic signals) and associated facilities to provide an interim
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 time
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 streets
being constructed by the assessment district and to drain adjacent properties that would otherwise have impounded storm water due to the street design of the assessment district.
The improvements of this condition shall be constructed to the satisfaction of the City Engineer. Sub-items a, c, e, of
this condition and the portions of sub-items g, h, i, and j
of this condition that are within or necessitated by sub-
items a, c, and e of this condition shall be completed prior
to issuance of any Certificate of Occupancy for this project.
The developer and owner of the project shall relinquish all
direct accesss to El Camino Real for the project site excepting only the driveway shown on the site plan and that driveway for right in/out access only.
37) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies regarding services to the project.
36)
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e
The design of all private streets and drainage systems shall
be approved by the City Engineer prior to approval of the final map. The structural section of all private streets
shall conform to City of Carlsbad Standards based on R-value
tests, All private streets and drainage systems shall be inspected by the city, and the standard improvement plan checl and inspection fees shall be paid prior to approval of
building permits.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by thc Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the firs1
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 this
project, that I have exercised responsible charge over the 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 reviei
only and does not relieve me, as Engineer of Work, of my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St. :
Telephone:
BY (Name of Engineer)
Date :
R.C.E. NO. #
The developer shall provide the City with a reproducible mylai copy of the site plan as approved by the Planning Commission.
The site plan shall reflect the conditions of approval by
the City. The map copy shall be submitted to the City
Engineer prior to improvement plan submittal.
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42) Prior to recordation of any final map for this development,
the'owner shall give written consent to the annexation of the area shown within the boundaries of the Tentative Map into the
existing City of Carlsbad Street Lighting and Landscaping
District No. 1.
Fire Conditions:
Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and
on site roads and drives subject to the approval of the Fire
Marshal.
An all weather access road shall be maintained throughoa- construction.
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
Fire retardant roofs shall be required on all structures.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 14th day of February, 1985, by the following vote, to wit:
AYES : Commissioners L'Heureux, Smith, McFadden, Marcus and Rombotis.
NOES : Chairman Farrow.
ABSENT: Commissioner Schlehuber.
OW, Chai%n
ING COMMISSION
ATTEST :
All ' MICHAEL J. H?&&-JLLEk)
LAND USE PLANNING MANAGER
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'LOCATION MA 8------
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CARLSAD GATEWAY CENTER I SDP 84-5