HomeMy WebLinkAbout1988-07-06; Planning Commission; Resolution 27460 e
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I PLANNING COMMISSION RESOLUTION NO. 2746
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP FOR A NINE-LOT
SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, ABOUT ONE-
QUARTER MILE EAST OF PASEO DEL NORTE.
CASE NO.: CT 87-2
APPLICANT: CARLSBAD RANCH BUSINESS CENTER
WHEREAS, a verified application for certain property to
wit:
Parcel VIA1t of Parcel Map 2949 and Portion of Lot H of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California.
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 15th day of
June, 1988 and the 6th day of July, 1988, hold duly noticed
public hearings 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 and Planned Unit
Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 87-2, based on the following findings and subject to the following conditions:
Findinqs:
1. The project is consistent with the City's General plan
and Local Coastal Program since the proposed industrial subdivision is permitted by these respective Land Use Elements.
2. The site is physically suitable for the type of
development since the site is adequate in size and shape
to accommodate industrial development at the intensity proposed.
3. 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 pro j ect .
4. All necessary public improvements have been provided or
5. The applicant has agreed and is required by the inclusion
will be required as conditions of approval.
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.
6. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
7. The proposed project is compatible with the surrounding
future land uses since surrounding properties are
designated for Planned Industrial, Open Space, Travel-
Service/Office development on the General Plan.
8. This project will not cause any significant environmental
impacts because mitigation measures have been made a pa&
of the Conditional Negative Declaration issued by the
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Planning Director on May 4, 1988, and recommended for
APPROVAL by the Planning Commission on July 6, 1988.
9. 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 Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
10. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply
with any requirement approved as part of the Local
Facilities Management Plan for Zone 5.
11. This project was subject to Chapter 21.95 of the Carlsbad
Municipal Code (Hillside Ordinance) and meets all the
requirements of that Chapter to ensure the sensitive treatment of the City's hillside resources.
12. For two engineering standards variances, for reasons
discussed in the May 25, 1988 , memorandum from the City
Engineer to the Planning Commission, it is found that:
(A) There are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a variance of the Standards.
(B) The granting of such variances will not cause substantial drainage problems.
(C) The granting of such variance will not conflict with- existing or future traffic and parking demands or pedestrian or bicycle use.
(D) The granting of such variances will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the variance is located.
(E) The granting of such variances will not adversely affect the comprehensive General Plan.
Conditions
1. Approval is granted for CT 87-2, as shown on Exhibit IIA", dated May 29, 1988, incorporated by reference and on file in the Planning Department. Development shall occur
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substantially as shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible
24" x 36l*, 100 scale 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 issuance of building permits or improvement plan
submittal, whichever occurs first.
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3. A 500' Scale map of the subdivision shall be submitted to
the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
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.
5. 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.
6. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, 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 pay the public facilities fee dated August 3, 1987, and the agreement to pay the Growth Management Fee dated August
3, 1987, 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.
, 7. 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.
8. This project shall comply with all conditions and mitigation required by the Zone 5 Local Facilities Management Plan approved by the City Council on August 4,
1987, incorporated herein and on file in the Planning
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Department and any future amendments to the Plan made
prior to the issuance of building permits.
9. If any condition for construction 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 are 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 unless the City Council determines that the project without the condition
complies with all requirements of law.
10. 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.
11. Approval of CT 87-2 is granted subject to the approval of
12. The applicant shall submit a street name list consistent
ZC 87-1 and HDP 88-2.
with the City's street name policy subject to the
Planning Director's approval prior to final map approval.
13. The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved
by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
14. A master plan of the existing onsite trees shall be provided to the Planning Director as part of the final grading plan to determine which trees shall be required to be preserved prior to the issuance of a grading permit
or a building permit, whichever occurs first.
15. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
16. The developer shall install street trees at the equivalent of 40-fOOt intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List.
17. A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to occupancy of any building.
18. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum
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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 Planning Director and
North County Transit District.
Prior to issuance of a grading or building permit,
whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils
report indicates the presence of potential fossil bearing
material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on paleontological resources
under the direction of the Planning Department.
All environmental mitigation measures as approved in the
Conditional Negative Declaration shall be followed to
include:
The recommendations of the soils report (dated August 8,
1986, with subsequent addendums dated April 21, 1987, and June 11, 1987, by Woodward-Clyde Consultants) will be incorporated into the final grading plan for the project.
The recommendations of the biology report (dated March 2, 1988, by Westec Services, Inc.) will be followed, and include:
(1) Sediment basins will be placed in the development
areas at the lower end of drainage ways prior to
grading the site.
(2) The approximately 50-fOOt wide strip between the
development area and the wetland will be
revegetated, preferably with coastal sage scrub
species, immediately after grading, which could
allow some Blacktailed Gnatcatchers to persist.
(3) Graded slopes in the development area will be
revegetated promptly to avoid erosion into the
wetland.
(4) Construction equipment will not be parked or
operated in the wetland.
(5) Excess fill or stock-piling will not be placed in
the wetlands area.
(6) Construction limits and wetland habitat will be
flagged by a qualified biologist prior to grading
and construction activity will be monitored by the
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same to ensure that the wetlands are not
inadvertently degraded.
C. The tentative map shall be redesigned so that there are no encroachments into the wetlands.
21. The black-tailed gnatcatcher shall not be disturbed
during its nesting season, in accordance with the Federal
Migratory Bird Treaty Act. Grading shall not occur
during those months of nesting/breeding activities, which
are from mid-March to August 1, unless written
certification to do so is obtained from the California
Department of Fish and Game.
22. All conditions of Hillside Development Permit 88-2 shall be incorporated into the grading plan, to include:
A. The manufactured slope which runs in a
northeasterly/southwesterly direction, and which abuts the open space wetlands, shall be redesigned on the final grading plan to show contour grading which undulates in a natural looking slope, in accordance with Section
21.95.060 of the Zoning Ordinance.
23. An offer of dedication shall be made on the final map
allowing the extension of a frontage road connecting rlA1r
Street to a future frontage street to the east. The
street alignment and width shall be as approved by the
City Engineer and Planning Director and shall be reviewed
by the Planning Commission.
24. Developer shall enter into a lien contract for future
improvement of the rgA*1 Street frontage connection
described above prior to recordation of final map.
Ensineerins Conditions:
25. Pretreatment of the sanitary sewer discharge from this
project may be 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 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.
26. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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27. The grading for this project is defined as "regular
grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code. I 28. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained
from the owners of the affected properties.
29. 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.
30. All slopes within this project shall be no steeper than
2:l.
31. 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.
32. 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 Engineer.
33. Prior to issuance of a grading permit, the developer
shall submit proof of issuance of a valid coastal permit
for the project. Grading shall be limited to those time
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periods specified in the Coastal Permit and as approved
by the City Engineer.
Additional drainage easements and drainage structures shall be provided or installed as may be 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 owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to the approval of any grading 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 tentative map. The
offer shall be made by a certificate on the final map 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.
Direct access rights for all lots abutting Palomar
Airport Road and Paseo del Norte shall be waived on the final map, with the exception of one right turn in, right
turn out access on Paseo del Norte for Lot 5 as shown on the tentative map.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
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Full half street improvements plus 18' westbound lane to
Palomar Airport Road including but not limited to median
landscaping conforming to the adopted landscape
guidelines, scenic corridor study, enforced at the time
of improvement plan checking, transition as approved by the City Engineer.
Sidewalks, streetlights, reclaimed water facilities, and conduits for all future utilities.
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C.
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Traffic signal at "A" Street and Palomar Airport Road.
Install or provide funds for a signal to be installed at
such time as traffic warrants are met, as determined by
the City Engineer.
Full improvements to "A" Street to industrial street
standards including a median as shown on the tentative
map and additional right-of-way and street improvements
where median is installed to the City Engineer's
approval.
Curb, gutter, and sidewalk construction and/or repair
along the frontage of Paseo del Norte as directed by the
City Engineer.
Full width median together with any offsite transition
and traffic striping needed on Paseo del Norte adjacent
to Lot 5 as shown on the tentative map.
All drainage, relocated sewer trunk lines, and new water
and sewer utilities as shown on the tentative map and as required by the City Engineer.
Improvements listed above shall be constructed within 18 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 tentative map.
The developer shall comply with all the rules, regulations and design requirements of the respective
sewer and water agencies regarding services to the
pro j ect .
This project is approved specifically as 1 (single)
phase.
The developer shall be responsible for coordination with
S.D.G.&E., Pacific Telephone, and Cable TV authorities.
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 site plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1.
This subdivision contains a remainder parcel. No
building permit or other entitlement excluding
entitlements necessary to widen and reconstruct Palomar
Airport Road shall be issued for the remainder parcel
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until it is further subdivided pursuant to the provisions
of Title 20 of the Carlsbad Municipal Code. This note
shall be placed on the final map.
47. 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. In
approving an extension, the City Council may impose new
conditions and may revise existing conditions.
48. A property owners association shall be formed and CC&R's
submitted for City approval. The property owners
association and CC&R's shall be set up for the
maintenance of the water course shown on the tentative
map .
49. All areas noted as "reservation for future street" shall
remain reserved for a maximum of five (5) years after the
final map is recorded. A note containing the terms of
this condition will be placed on the final map.
50. An additional reservation for future streets shall be
made on the final map extending ''A" Street in a westerly
direction for a T intersection with the reservation for a
future street shown on the tentative map. The same
conditions for this reservation will apply as in the
above mentioned condition for future street.
51. A 56' wide offer of dedication shall be made on the final
map granting access to the CALTRANS parcel from nA9'
Street. This dedication will be generally located on the
east side of proposed parcel 4 and west of proposed
Parcel 1.
52. The realigned sewer mains shown on the tentative map
shall be designed and constructed in such a manner that
would allow a future frontage street to pass over them.
53. The developer shall agree to participate in the
assessment district for the improvements of Palomar
Airport Road from Carlsbad Boulevard to Camino Vida
Roble. This shall be done prior to recordation of the
final map o
I 54. Additional sewer and access easements shall be provided
as shown on the tentative map and as may be required by
the City Engineer.
55. The developer shall agree to participate in negotiations
between the City and CALTRANS for the possible
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construction of the future street shown on the tentative map. The participation of the developer in the negotiation shall include possible land trades between
the developer and CALTRANS.
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57. The developer shall enter into an agreement to 5
prior to final map approval, 4
56. The developer shall submit to the City, approval of this project from the California State Coastal Commission
6 participate in the formation of and shall participate in
an assessment or other district to fund the design and
construction of any portion or all of the following 7 improvements:
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A. Realignment of the 1-5 on/off ramps at Palomar Airport Road.
B. Signalization of the 1-5 on/off ramps at Palomar Airport Road,
C. Interconnection of traffic signals on Palomar Airport Road between and including Avenida Encinas and proposed
I "A" Street.
D. Widening of the 1-5 Freeway overpass for Palomar Airport Road to four lanes and pedestrian walkways.
E. Signalization of the intersection of Palomar Airport Road
and Carlsbad Boulevard.
F. Widening of the Palomar Airport Road railroad overpass to four lanes and pedestrian walkways.
G. Realignment, widening, and reconstruction of Palomar Airport Road from the railroad overpass to Carlsbad
Boulevard.
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H. Construction of an access road from Carlsbad Boulevard to
the property laying south and east of the intersection of
Palomar Airport Road and Carlsbad Boulevard.
I. Other improvements necessary to integrate the preceding 22 items .
23 58. The shared access driveway shown between Lots 6 and 7
above described conditions prior to final map approval. 26
25 east. access. The driveway to Lot 1 shall also move 50' to the 24 shall be moved 50' to the east and remain a shared
59. A revised tentative map shall be submitted reflecting the
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Fire Conditions:
60. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
61. 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.
62 o All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
63. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual.
64. 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 less) areas.
I 65. Water mains serving "An Street shall have two points of
j connection (looped) .
14 11 I PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 6th day of July, 1988, by the following vote, to wit:
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AYES: Chairman McFadden, Commissioners: Marcus, Schlehuber, Holmes & Schramm.
19 I NOES : None. I
2o I ABSENT: Hall
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ABSTAIN: Erwin h
NE B. MCFADDEN, Chairperson CARLSBAD PLANNING COMMISSION
24 11 ATTEST:
25 MICHAEL J. HOLZMII~~R U&U
26 ll PLANNING DIRECTOR
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