HomeMy WebLinkAbout1986-11-12; City Council; Resolution 88731
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RE SOLUTION NO. 8873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 26 LOT
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
PALOMAR AIRPORT ROAD AT THE INTERSECTIONOF FUTURE
COLLEGE PARK
APPLICANT: COLLEGE BUSINESS PARK
TENTATIVE TRACT MAP (CT 85-17) ON 110 ACRES ON
CASE NO: CT 85-17
WHEREAS, on October 1, 1986 the Carlsbad Planning
Commission adopted Resolution No. 2579 recommending to the City
Council that Tentative Tract Map (CT 85-17) be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
November 4, 1986 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Tentative Tract Map (CT 85-17); and
WHEREAS, said Tentative Tract Map has been declared to
have a nonsignificant impact on the environment and a Negative
Declaration was prepared and filed by the Planning Director on
June 18, 1986 in compliance with the requirements of the City of
Carlsbad Environmental Protect ion 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. 2579 constitute the findings of the City Council
in this matter.
C. That tentative tract map CT 85-17 together with the
provisions for its design and improvement and subject to the
conditions of this resolution, are consistent with all
applicable general and specific plans of the City of Carlsbad.
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D. That subdivision CT 85-17 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. 2579 dated October 1,
marked Exhibit A attached hereto and made a part hereof.
1986
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
12th day of November , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
LJkL--di< Lb
MARY H.I/CASLER, Mayor
ATTEST :
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RESOLUTION NO. r873
PLANNING COMMISSION RESOLUTION NO 6 2579
%A RESOLUTION OF THE PLANNING CQMMISSLON OF THE CITY OF
. CARLSBAD, CALIFOREJIA, APPROVING A TENTATIVE SUBDIVISION MAP TO CKEATE 26 LOTS ON PROPERTY GENERALLY LOCATED ON
THE NORTH SIDE OF PALOMAR AIRPORT ROAD AT THE INTERSECTION OF FUTURE COLLEGE BOULEVARD.
APPLICANT: COLLEGE BUSINESS PARK
CASE NO.: CT 85-17
WHEREAS, a verified application for certain property to
Parcels 1 through 4 of Parcel Map No. 6331, in the County of San Diego, State of.California, filed in the Office of ,the County Recorder of San Diego County, September 8,
1977 as File No. 77-369645 of Official Records,
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, the Planning Commission did, on the 17th day of
September, 1986 and on the 1st day of October, 1986, hold a duly
noticed public hearing as prescribed by law to consider said
request; and
WHEREAS, at said public 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 the Tentative Tract Map.
NOW, THEREFORE, BE IT HEKEBY RESOLVED by the Planning
Commission as follows :
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby APPROVES CT 85-17 based on the following findings and subject to the following conditions:
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Findings : IL
1) The project is consistent with t& City's General Plan since the proposed industrial subdivision is consistent with the
Planned Industrial designation for the site as indicated on
the Land Use Element of the General Plan.
2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate industrial development at the intensity pro- posed.
icies and ordinances since:
3) The project is consistent with all City public facility pol-
a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured 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 Commisston 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 Faailities Element of the General Plan have been
rilet 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 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 given that adequate sewer for the
project will be provided by the 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.
4)
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Aw'EIR was prepared for this property when it was annexed to the City. September 21, 1982. The EIR identified a number of potentially significant TmpActs created by the project and
possible mitigation measures to reduce these kmpacts to a
level of insignificance. These mitigation measures have been
incorporated into the Specific Plin (SP-199) for' the property and in some cases, the project has been revised to reduce all
impacts to a level of insignificance. The specific findings
for the Planning Commission on' each identified impact are attached as Exhibit I'D" and incorporated herein by reference.
This project requires the construction of the improvements or facilities listed in the conditions of approval or the paymen of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reason stated in the staff report. Zf the improvements or faciltties are not provided the project will create an unmitrga'ted burder on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the proje'ct consistent with City goals, policies and plans.
This EIR Sl-9 was certified by the City Council on
The applicant is by condition, required'to pay any increase in
public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
This will
Approval is granted for CT 85-17, as shown on Exhibits "A" - 'C" , dated September 5, 1986, incorporated by reference an( on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
Conditions :
This project is approved upon the express condition that the final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is
available to serve the subdivision.
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 note shall be placed on the final
map.
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Prior to approval of the final map for this subdivision the
developer shall demonstrate adequate sewer capacity will be
Available, or propose mitigation measures to guarantee sewer service availability to this site. The above mentioned sewer study and mitigation measures shall be approved by the City Engineer.
This project is also approved under the express condition tha
the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees
established by the City Council. pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to 1
pay the public facilities fee dated September 18, 1986 and the agreement to pay the Growth Management Fee dated September 10, 1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and
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.
The applicant shall comply with all provisions of the
Carlsbad Municipal Code Section 21.90.030 (Growth Management
Approval of this request shall not excuse compliance with Specific Plan 199, all section of the Zoning Ordinance and
all other applicable City ordinances in effect at the time of building permit issuance.
System).
Planning Department:
10) The applicant shall prepare a 24" x 36" reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
The applicant shall establish a property owner's association and corresponding covenants, conditions and restrictions. Said CC&K's shall be submitted to and approved by the Planninl Director prior to final map approval for each phase.
11)
The applicant shall comply with sections of Chapter 21.90 of the Carlsbad Municipal Code.
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The applicant shall prepare a detailed landscape and irriga- tiw plan for all special landscaped streets, the par course assd open space/passive recreation park which3 shall be
submitted to and approved by the Planning Director prior to
approval of the final map for each phase.
All approved landscaping for special. landscaped streets, the par course and open space/passive recreation park shall be installed prior to the occupancy of each phase. All approved landscaping shall be installed prior to the occupancy of any building per each phase of development.
A 500' scale map of the subdivision shall be submitted to the
Planning Director prior to the recordation of the finall map.
Said map shall show all lots and streets within and adjacent to the project.
All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
All development shall be required to be kept outside of the identified 4.1 acre open space area identified within the northwest corner of the property on Exhibit "C".
Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and approved specific plan, and shall require review and approval of the Planning Director prior to installation of such signs.
A uniform sign program for this development shall be submittc to the Planning Director for his review and approval prior tc occupancy of any building.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. of said receptacles shall be approved by the Planning Director.
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuan to Building Department Policy No. 80-6, to the satisfaction
the Directors of Planning and Building.
The applicant shall submit a street name list consistent wit the City's street name policy subject to the Planning Director's approval prior to final map approval.
Locatio1
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The project shall provide bus stop facilities at locations
subject to the satis€action of the North County Transit Dis- trict. Said facilities shall at a minimtun include a bench, free from advertising, ,and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subjeet to the approval of the Planning Director and North County Transit District.
The project shall attempt to develop a ride to work and home program for its employees with the North County Transit Dis- trict. Furthermore, the project shall attempt to limit the staggering of worker shifts SQ as to facilitate the success c said program.
Approval of Tentative Tract No. 85-17 is granted subject to approval of Zone Change 331.
Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible' from the street or access road;, color of identification andlo- addresses shall contrast to their background color.
If any condition for constructiw of any public improvements or facilities, or the payment of any fees in. lieu thereof, imposed by this approval or imposed by law on this project art
challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unles the City Council determines that the project without the condition complies with all requirements of law.
A11 buildings including their roof top equipment and landscaping shall comply with all FAA rules and height requirements as well as the requirements of the PlcClellan - Palomar Airport Land Use Plan (CLUP).
Approval of this tentative tract map shall expire twenty-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 at the
discretion of the City Council.
the City Council may impose new conditions and may revise existing conditions.
.>
In approving an extension,
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No grading permits shall be issued for this subdivision prior to recordation of the final map, unless specifically approved by the City Engineer. No final map shall be issued until the applicant has obtained all applicable coastal permits.
This project lies within the boundaries of the coastal zone, consistent with the City's LCP, no grading shall be permitted during the rainy season (October 1 to April 1). Prior to issuance of a grading permit the applicant shall submit a grading schedule including a contract showing compliance with
grading restrictions.
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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
"flight path restricted use zone" as identified on the
tentative map.
All development proposed with this project shall comply with all design guidelines and development standards of Specific Plan 199.
All development upon the subject property shall comply with
the slope and resource preservation policies of the underlying Mello 11 Local Coastal Program.
The landscape plan as proposed is specifically not approved. Prior to final map approval the landscape plan shall be revised to comply with the design of the tentative map and the landscape standards of Specific Plan-199. This revised landscape plan shall be subject to the approval of the Planning Director and the Director of Parks and Recreation.
Engineering Department:
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Pretreatment of the sanitary -sewer discharge from this projec is required. In addition to the requirements for a sewer connection 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 projecl
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. (A note to this effect shall be placed on the final map.)
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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38) The grading for this project is defined as 'lcontrolled 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 ensure compliance of the work with the approved grading plan, submit required reports to the Cit Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
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39) Upon completion of grading, the developer shall ensure 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 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 owners of the affected properties.
earthwork for combined Phase 1, and Phase 2, no export or import grading activity is hereby proposed nor approved.
40)
41) The proposed grading concept is "balanced cut and fill
43) The developer shall exercise special care during the construction phase of this project to prevent any offsite 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 Lhe 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 perioc. of time satisfactory to the City Engineer and shall guarantee their aaintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City Engineer.
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Direct access rights for all lots abutting Palomar Airport
Koad, College Boulevard and Hidden Valley Road shall be waive1 on the final map.
Additional drainage easements and drainage structures shall bl provide8 or installed as mgy bc;required by the City
Engineer.
The developer shall pay the current local drainage area fee
prior to approval of the final map for this project or shall
construct drainage systems in conformance with the Master
Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
The developer shall construct desiltationldetention basins of a type and size and at locations as -approved by the City Engineer. The developer shall enter into R desiltation basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of
grading, building permit or final map whichever occurs first
€or this proiect. an all-weather access/maintenance road. The provisions of
this agreement shall apply to any offsite borrow sites which
may be utilized in the construction of this project 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 any grading or building permit for this project.
The developer shall make an offer of dedication to the City
for all public streets and easements required by these conditions or shown on the Site Development Plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not
required to be rededicated.
Sight corridor easements shall be dedicated at all proposed
intersections in conformance with City Design Criteria.
Each desiltation basin shall be serviced b
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50) Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the Cit
Engineer. Prior to approval of the final map, the Subdivider
i shall install, or agree to install and secure with appropriat security as provided by law, improvements shown on the
tentative map and the. following improvements to City Standard to the satisfaction of the City Engineer:
a) Half width of Pafomar Airport Road, including offsite transitions, utility relocations, offsite drainage improvements and full width median along the frontage of
this subdivision (Phase 1 or 2). b) Full width improvement of College Boulevard onsite (An approved secured assessment agreement may satisfy this condition) (Phase 1 or 2).
c) Half width plus 12 feet of Hidden Valley Road within a full width graded right of way. (Including approval of t
feasible alignment study) (Phase 2). d) All street, drainage and utility systems to serve this subdivision (within each respective Phase).
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Improvements listed above' shall be constructed within 12 months of final map approval and/or improvement plan approval whichever occurs first.
Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this site plan.
All street systems proposed shall be public.
The developer shall install street lights along all public ar private street frontages in conformance with City of Carlsbac Standards.
The developer shall install street trees at the equivalent o
40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shal' be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public stree,
frontages of this project in conformance with City of Carlsb( Standards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build-
ings.
The developer shall comply with all the rules, regulations an
design requirements of the respective sewer and water agencie
regarding services to the project.
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Should the developer decide to final map and develop phases
out of numerical sequence with the approved phasing as shown
offAJ the tentative map all conditions- required of the precedein phases shall be completed.
The developer shall ptovide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs
of such maintenance in an equitable manner among the owners o
the units within the subdivision.
All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or th individual property owner (if on an indfvidua1l.y owned lot). An appropriately worded statement clearly identifying ithe responsibility shall be placed in the CCsrEp's. I
Access points shall be exactly as shown on Exhibit A, dated
September 5, 1986. Minor changes to these access points may
be approved by the City Engineer/Planning Director.
All private driveways shall be kept ,clear -of parked vehicles at all times, and shall have posted "NoiParking/Fire Lane Tob Away Zone" pursuant to Section,l7.04.040, Carlsbad Municipal Code.
The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas as
approved by the City Engineer.
Irrigation systems to accommodate future reclaimed water shal r>e designed consistent with Title 17 of the California State
Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installatic
of adequately sized sleeves at crossing points to minimize street excavation.
Some improvements shown on the Tentative Map and/or required by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. conform to Section 20.16.095 of the Carlsbad Municipal Code.
The subdivider shall
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69) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by th 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 firs 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 currenk standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a revie
only and does not relieve me, as Engineer of WQrk, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone :
BY Date: (Name of Engineer)
R.C.E. NO. f
70) The developer shall provide the City with a reproducible myla
copy of the site plan as approved by the Planning Commission.
The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal.
71) Prior to approval of any grading or building permits for this
project, the owner shall give written consent to the annexation of the area shown within the boundaries of the sit plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
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72) Before and as a condition of obtaining a final map, or final
development permit or site plan approval under Title 21 of th
Carlsbad Municipal Code, ' the subdivider shall enter into a contract with the City whereby the subdivider covenants on oehalf of the subdividers and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge
and major thoroughfare district for the area of the
district in which this development is located.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this devqlopment is
located.
c) Payment of the traffic impact fee established for the
area of the City in which the development is located.
tentative map is conceptual only. The specific alignment of Palomar Airport Road shall be approved by the City Engineer or through Assessment District proceedings prior to final map approval.
73) The alignment of Palomar Airport Road as shown on the
Fire Department
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Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire
Department.
Additional public and/or onsite fire hydrants shall be provided 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
onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout
c ons t ruc t ion.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual.
All fire alarm systeins, fire hydrants, extinguishing systeins,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approva prior to construction.
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Building exceeding 10,000 sq.ft. aggregate floor area shall b sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (0 less) areas.
Prior to issuance of building permits, the developer shall
submit to the Fire Department a map, showing the street
network, conforming to the following criteria:
* 400' scale (1:4800) * Photo reduction on mylar * At least two existing streets and/or intersections shall
be referenced on the map (not a separate vicinity map) * Maps shall include at least the following information:
X Street centerlines * Street names * Fire hydrant locations
The applicant shall agree to pay a fee established to cover the cost of updating Fire Department response maps.
Parks and Recreation:
84) The following items are specifically not approved on the landscape concept plan:
a) b) the quantity of lawn area c) the street tree species along Palomar Airport Road and
d) the use of fescue grass on slopes
Prior to final map approval the project applicant shall be required to submit a landscape plan subject to the approval
of the Director of Parks and Recreation.
the percentage of "zone one" landscaping
College Boulevard
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PC RES0 NO. 2579 -14-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commi'ssion of the City of Carlsbad, California, held on
the 1st day of October, 1986, by the following vote, to wit:
AYES : Chairaan Schlehuber, Commissioners: Marcus,
NOES : Commissioners: McFadden and McBane.
Schramm and Hall.
ABSENT: Commissioner Holmes.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST :
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
PC RES0 NO. 2579 -1 5-