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HomeMy WebLinkAbout1985-11-13; Planning Commission; Resolution 2508:< a e I. I/ PLANNING COMMISSION RESOLUTION NO. 2508 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVINGlA 67 LOT INDUSTRIAL TENTATIVE TRACT MAP ON 365 ACRES ON PROPERTY GENERALLY LOCATED ON THE WEST OF EL CAMINO REAL AND NORTH OF PALOMAR AIRPORT. APPLICANT: CARLSBAD RESEARCH CENTER CASE NO: CT 85-24 6 7 WHEREAS, a verified application for certain property, to wit: 8 of the County of San Diego, State of California, 9 A portion of Lots F & G of Rancho Agua Hedionda, part in the City of Carlsbad and part in the unincorporated area according to the Partition Map thereof No. 323, filed in November 16, 1896,. 10 the Office of the County Recorder of San Diego County, 11 12 13 14 15 16 17 18 i 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 23rd day of October, 1985 and on the 13th day of November, 1985, hold a duly noticed public hearing as prescribed by law, to consider said request; and 19 I WHEREAS, at said public hearing, upon hearing and 20 21 22 23 24 25 26 27 28 the Commission hereby APPROVES CT-85-24, based on the 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 and Planned Unit Development; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, following findings and subject to the following conditions: < * ,!I e e 1 Findings: 2 3 4 5 1) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density pro- posed. 2) The project is consistent with all City public facility pol- icies and ordinances since: I 6 7 8 9 10 11 12 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 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. 13 14 will be required as conditions of approval. b) All necessary public improvements have been provided or 15 c) The applicant has agreed and is required by the inclusion be available concurrent with need as required by the 17 will enable this body to find that public facilities will fee. Performance of that contract and payment of the fee 16 of an appropriate condition to pay a public facilities General Plan. 18 19 uses for the reasons stated in the staff report. 3) The proposed project is compatible with the surrounding land I 20 21 22 23 24 25 26 27 28 4) The project has been previously considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review was required. A Notice of Prior Compliance was issued on October 5, 1985. 5) The proposed subdivision is consistent with the City's General Plan and with SP-l80(A) approved on this site for the reasons stated in the staff report. 6) The design of the subdivision and type of improvements will not conflict with easements for public use or public access through the subject property. //// /I// 1 PC RES0 NO. 2508 -2- ~ , x, e 0 I i 1 onditions: 2 ) Approval is granted for CT 85-24, as shown on Exhibit "A", r dated October 3, 1985, incorporated by reference and on file substantially as shown unless otherwise noted in these 3 in the Land Use Planning Office. Development shall occur 4 conditions. 5 6 2) 7 8 9 10 11 12 13 14 15 16 .3 1 4) 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 , 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 May 6, 1985, 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. :: I' Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 19 and Use Plannina Conditions: i I 1 I U 4 20 k ) The applicant shall establish an owner's association and corresponding covenants, conditions and restrictions or a association or maintenance district shall be responsible for submitted to and approved by the Planning Director prior to 21 22 maintenance district if approved by the City Council. Said maintenance of all private common areas. Said CC&R's shall be 23 25 7) A 500' scale map of the subdivision shall be submitted to the 24 final map approval of Phase 111. PC RES0 NO. 2508 -3- 28 thriving condition, free from weeds, trash, and debris. 27 26 final map. Said map shall show all lots and streets within Land Use Planning Manager prior to the recordation of the and adjacent to the project, 8) All landscaped areas shall be maintained in a healthy and !. e 0 1 2 'i 4 3 5 6 7 8 3) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict, Said facilities shall at a minimum 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 subject to the approval of the Land Use Planning Manager and North County Transit District and specifically at the corner of College Boulevard and Faraday Avenue. IO) Building identification and/or addresses shall be placed on all new buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 9 11) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed challenged, this approval shall be suspended as provided in determined to be invalid this approval shall be invalid unless condition complies with all requirements of law. 10 the City Council determines that the project without the 12 Government Code Section 65913-5. If any such condition is 11 by this approval or imposed by law on this project are 13 14 promote a degree of privacy through the use of berming, 15 and shall be installed at the time the lot on which it is Lots 97 - 100 inclusive shall be limited to office uses and 18'3) the entire lot. 17 shall be submitted for approval by the Land Use Planning 16 la 'I 2) Each mini-park shall be developed in accordance with SP-l80(A) located is developed. Said mini-parks shall be designed to landscaping and planters. A detailed design of the mini-park Manager at the same time development plans are submitted for shall be developed according to SP-l80(A). A3 20 21 22 23 24 I I! 1 4) Exterior lighting on all lots shall be designed and constructed so as not to reflect light or glare on neighboring residential properties. tngineering Conditions: 15) Pretreatment of the sanitary sewer discharge from this project 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. I1 The developer shall-apply for an industrial waste discharge 25 permit concurrently with the building permit for this project. I I i I ~ No Certificates of Occupancy for the project will be issued requirements have been met, all applicable fees paid and the 26 before the industrial waste discharge permit application I permit issued. 27 ~ 28 C RES0 NO. 2508 " -4- ~ >' 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I i/ ~ 1 0 a I 16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. I 17) a) The dentention basin as shown on Improvement Plan Drawing NO. 212-8 shall be constructed and in place prior to grading activity of any portion of this site. An interim upstream basin may be permitted to facilitate construction activity for a period not greater than 90 days, b) Each lot shall be graded to incorporate an individual desiltation concept, in addition, each phase of grading activity shall include a desiltation basin to be installed prior to commencement of construction activity. I i I 1 i 1 i 18) The grading for this project is defined as "controlled grading' 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 City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 19) 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 contou 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. 20) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of ~ the affected properties. 1 21 ) 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. ~ 22) All slopes within this project shall be no steeper than 2: 1. 23) Prior to hauling dirt or construction materials to any propose 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. i //// ~ //// , //// PC RES0 NO, 2508 -5- I I. 0 0 1 2 24) 4 3 6 5 7 8 9 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 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 guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Enqineer. I i I I I - 10 25) Additional drainage easements and drainage structures shall be 11 provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- 12 neer. 13 14 15 16 IN 26) The developer shall provide for offsite drainage easements if necessary to serve this subdivision. 27) 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. If 28) The developer shall construct desiltation/detention basins of a 18 type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin satisfactory to the City Engineer prior to the approval of the serviced by an all-weather access/maintenance road. The sites which may be utilized in the construction of this project 19 final map for this project. Each desiltation basin shall be 20 maintenance agreement and submit a maintenance bond as required by the City Engineer. 22 provisions of this agreement shall apply to any offsite borrow 21 23 29) The owner of the subject property shall execute a hold harmlesz 30) The developer shall make an offer of dedication to the City fol 25 to approval of the final map for this project. 24 agreement regarding drainage across the adjacent property prior all public streets and easements required by these conditions 26 or shown on the tentative map. All land so offered shall be granted to the City free and clear of all liens and 27 encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 28 PC RES0 NO. 2508 -6- I I * a e 131) 2 3 4 5 6 7 32) Direct access rights for all lots abutting College Boulevard shall be waived on the final map specifically: the right-turn-in only for Lot 65 is not approved. Further design of College Avenue at time of planned industrial permit may allow right-turn-in only from College Avenue subject to the approval of the Planning Commission. Access driveways (which shall be considered intersections) shall be no greater than as shown on tentative map, In some cases, as lots are developed some access points may be further restricted, or shared with adjacent lots, No specific access points are guaranteed by approval of this subdivision, a note to this effect shall be placed on the final map, i i 8 33) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City shall install, or agree to install and secure with appropriate I tentative map and the following improvements to City Standards 9 Engineer. Prior to approval of the first map, the Subdivider 10 to the satisfaction of the City Engineer: 11 security as provided by law, improvements shown on the 12 13 14 15 16 1V a) All streets and utilities for each phase, as shown on the b) Fully actuated traffic signals for El Camino Real and tentative map for this project. College Boulevard, College Boulevard and Faraday Avenue and College Boulevard/Palomar Airport Road (if one does not already exist). Road full width as a major arterial, including median, south along the frontage of this project. c) College Boulevard from El Camino Real to Palomar Airport d) El Camino Real including necessary transitions north and A6 18 19 20 34) Street "T" shall provide primary access to the adjacent property east of this subdivision. A feasible extension of this street shall be submitted to and approved by the City Engineer prior to final map approval. One foot wide "Blocker Strips" shall be provided at the end of all dedicated streets which abut undeveloped land. 21 35) Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, 22 tentative map, 24 36) Unless a standard variance has been issued, no variance from 23 whichever occurs first. City Standards is authorized by virtue of approval of this 25 ip// 26 IU// 27 jp 28 C RES0 NQ. 2508 I -7- 1 I' e 0 1 I/ I .I. 2 3 4 5 37) Prior to issuance of building permits for Lots 92 through 109, Faraday Avenue shall be connected westerly to an improved, publicly maintained road (Cannon Road). Prior to improvement plan approval of this Phase, a feasible extension of Faraday Avenue to Cannon Road shall be provided. Other options for an additional access to go through could be submitted for approval by the City Engineer and the Planning Director. 1 6 38) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad 7 Standards. 8 39) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in be of a variety selected from the approved Street Tree List. 9 conformance with City of Carlsbad Standards. The trees shall 10 11 12 13 14 40) 41) 42) 15 17 16l3) 18 19 I 20 !;44) It 21 ~ 22 23 151 The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad 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 buildings. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. Should the developer decide to final map and develop phases out of numerical sequence with the approved phasing as shown on the tentative map all conditions required of the preceding phases shall be completed unless otherwise approved by the City Engineer and the Planning Director. All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner's (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CCStR's. The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. 24 25 26 27 46) Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 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 excavation. II//// z8 C RES0 NO. 2508 I -8- 0 e 1' 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 I.8 ll 19 !I 47) 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 acquistion of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code. 18) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the 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 first 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 review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) I i I Firm: Address: City, St. : Telephone: 2o 11 BY (Name of Engineer) Date : 21 I1 R.C.E. NO. # 22 23 24 25 49) The developer shall provide the City with a reproducible mylar copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to improvement plan submittal and shall be 24" x 36" in size and of a quality and material satisfactory to the City Engineer. 26 II//// 27 I!//// 28 PC RES0 NO. 2508 -9- P' 0 0 1 50) Prior to recordation of any final map for this development approval of any grading or building permits for this project, area shown within the boundaries of the tentative map into the District No. 1. 2 months from the date of City Council approval unless a final 5 4 existing City of Carlsbad Street Lighting and Landscaping 3 the owner shall give written consent to the annexation of the 51) Approval of this tentative tract map shall expire twenty-four map is recorded. An extension may be requested by the 6 discretion of the City Council. In approving an extension, the applicant. Said extension shall be approved or denied at the conditions. 7 City Council may impose new conditions and may revise existing 8 52) The developer will offer for dedication the thirty acre 9 developer's cost, plus twenty percent. Developer's cost will 12 event no longer than July 1, 1991, City will have option to 11 reserved. Until complete release of bond for dedicated 10 reservoir/site shown as Lot 11 0. The 12.1 acre water reclamation plant site shown as Lots 102 and 110 shall be improvements adjacent to Lots 102, 103 and 110, but in any purchase said sites for reclamation purposes only at be determined as follows: A. Base land cost is set at $20,082.00 acre. B. Carrying cost equal to developer's actual interest on the 13 14 15 land shall be prorated from July 1, 1980. 16 17 1Q C. Actual improvement costs shall be added to the base land cost. D. Developer's profit of twenty percent shall be added, -Lv 1 City shall have the right to examine books and accounts of costs as described herein shall not exceed the fair market option. 19 value of the property at such time as city exercises its 20 developer, to determine acutal costs as described herein. The 21 53) Portions of the subject property are located within the 22 airport noise impact area for Palomar Airport as defined by the SANDAG Land Use Plan or updates thereto. The CC&R's shall 23 strongly recommend sound attenuation measures be incorporated in the construction of buildings to be located within the 65 24 noise impacts. A note containing the terms of this condition CNEL range. The City is not responsible for airport related shall be placed on the final map. 251 26 /// 27 /// 28 PC RES0 NO. 2508 -1 0- .. 0 e 1 54) The City Council has determined that in order to accommodate the traffic on Palomar Airport Road, the developer of projects Airport Road from Carlsbad Boulevard to the easterly City submit a proposal satisfactory to the City Council for such traffic analysis accomplished to the satisfaction of the City financing plan for the improvements which may include an I 6 assessment district, developer financing, or some alternative 1 acceptable to the City Council, The construction and I assessment district secured subdivision improvement agreement, prior to final map approval. 2 boundary, Prior to final map approval, the developer shall 3 in this area must be responsible for the improvement of Palomar Engineer. The proposal shall include a time schedule and 5 improvements. The proposal shall be based on an independent 4 I 7 improvements must be assured either by confirmation of the 8 10 9 or otherwise guaranteed to the satisfaction of the City Council ?ire Department Conditions: 55) Prior to the issuance of building permits, complete building 11 plans shall be submitted to and approved by the Fire Department, 12 13 15 7) The applicant shall submit two (2) copies of a site plan 14 if deemed necessary by the Fire Marshal, onsite roads and drives to the Fire Marshal for approval, 56) Additional public and/or onsite fire hydrants shall be provided 1 showing locations of existing and proposed fire hydrants and 16 17 58) An all-weather access road shall be maintained throughout automatic sprinklers, and other systems pertinent to the 18 construction. 59) All fire alarm systems, fire hydrants, extinguishing systems, project shall be submitted to the Fire Department for approval 19 prior to construction. 20 0) All roof-top appurtenances shall be architecturally integrated 6 into the design of the building and shielding to prevent noise 21 and visual impacts, subject to approval before issuance of 22 23 61) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or 24 less ) areas. 25 62) Prior to issuance of building permits, the developer shall 26 streets (public and private), street names, fire hydrant 27 permit. provide the Fire Department with a 500' scale map showing locations, and beginning and ending addresses by block, 28 C RES0 NO. 2508 r -1 1- - a e '// Parks Department Conditions: 2 4 3 63) The median islands along El Camino Real running along the length of this property shall be landscaped per City standards, The median islands may be waived if the City Council modifies their policy relating to street improvements. 5 6 7 8 I 64) Street trees shall be installed throughout the project pursuant to City standards. The types and locations of said street trees shall be subject to approval of the Parks and Recreation Department, 65) All graded slopes shall be planted or hydroseeded with a seed mix approved by the Parks and Recreation Department immediately after grading. I 9 10 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission Of the City Of Carlsbad, California, held on the 13th day Of November, 1985, by the following vote, to wit: I 12 13 AYES: Chairman Schlehuber, Commissioners: Marcus, McFadden, Smith, Holmes t Hall. I 14 15 16 NOES: None , ABSENT : None. ABSTAIN: Commissioner L'Heureux. 17 18 19 /ATTEST: CARLSBAD PLANNING COMMISSION I 20 21 c. B& 4 MICHAEL J. HOLZMILLER '22 LAND USE PLANNING MANAGER 23 24 25 26 28 PC RES0 NO. 2508 !I -12- 27 I1