HomeMy WebLinkAbout1984-07-03; City Council; 7073-2; TENTATIVE MAP EXTENSION CARLSBAD TRACT 81-46 (AIRPORT BUSINESS CENTER)+' .. CITY- CAWLSBAD - AGIENDAWL
' TITLE: TENTATIVE MAP EXTENSION AB# 7073-*4
MTG. 7/3/84
DEPT.FNG i
CARLSBAD TRACT 81-46
(AIRPORT BUSINESS CENTER)
DEPl
CITY
CITY
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RECOMMENDED ACTION:
Adopt Resolution No.
for Tentative Map CT 8 w approving a one-year extensior
ITEM EXPLANATION:
Carlsbad Tract 81-46 is a 77-unit subdivision located on tl
northside of Palomar Airport Road, southwest of Palomar Ail
west of El Camino Real. The Applicant is requesting that '
tentative map be extended until July 20, 1985.
The tentative map was originally approved on July 20, 1982 Resolution No. 6947.
The Applicant agreed to pay Public Facilities Fees with thl
original application. Planning and Engineering staffs havl
reviewed this project and recommend the Developer to execu.
revised Public Facilities Fee Agreement as required by COUI
Policy No. 17. The Subdivider has signed an agreement to I
prohibition of new conditions.
FISCAL IMPACT;
Additional public facilities required by this project will
offset by the payment of the Public Facilities Fee by the
Developer.
EXHIBITS:
1. Letter requesting extension, dated June 14, 1984.
2. Location Map
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3. Resolution No.766 approving a one-year extension o
for Tent at i ve &81-46.
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RICK ENGINEERING COMPANY I %%'%Lc%'hT2G
3088 PI0 PIC0 DR. SUITE202 CARLSBAD, CA 92008
P.O. BOX 1129 PHONE AREA CODE 619 729-4987
June 14, 1984
Mr. Ron Beckman
City Engineer
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
RE: AIRPORT BUSINESS CENTER, C.T.81-46, TENTATIVE MAP EXTENSI
Dear Mr. Beckman:
On behalf of our client, Signal Development, I would like to
request a time extension on the above C-T-81-46 tentative map This map is due to expire July 20, 1984.
I have enclosed the following items necessary to process this
request.
1. Check in the amount of $375.00 processing fee.
2. Current Title Report.
3. Executed Public Facilities Agreement and Waiver of
Conditions.
If you need additional items, or have any questions, please c
Thank you.
Sincerely,
RCL:rc
Enclosures
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I I LOCATION MAP
PALOH OAHS M
CAM/NO t//c7A ROBLE
/ MOT 7v scAL€
CITY MAP BOOK PAOE
PROdECf NAME
r PROJ. BO. S/GNA/ LAND MAR# PT Rt-AG
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RESOLUTION NO. 765 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CONDITIONS.
TIME FOR TENTATIVE MAP 81-46 SUBJECT TO CERTAIN
4 11 WHEREAS, Section 66473.5 of the Subdivision Map Act r 5i/ that a tentative subdivision map may not be approved unle:
6)) consistent with all applicable general and specific plans; 711 WHEREAS, the City Council of the City of Carlsbad on
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20th day of July, 1982, adopted Resolution No. 6947 appro\
with conditions, Tentative Map CT 81-46; and
WHEREAS, Tentative Map CT 81-46 is now inconsistent \
General Plan of the City of Carlsbad because the City Cour
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found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire I
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20, 1984, and the Applicant has requested an extension of
which cannot be approved unless the subdivision can be brc
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into conformity with the General Plan; and
WHEREAS, the addition of certain conditions of appro?
the subdivision will allow it to be found to be in conforl
the General Plan and the Developer has requested the impo'
such conditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Tentative
Map CT 81-46 subject to such conditions, in lieu of denia
map, will allow the project to go forward avoiding the unl
delay to the City and to the Developer involved with deni
the new application which would then be approved subject
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same set of conditions; and
WHEREAS, both the Developer and the City wish to ext
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1 NOW, THEREFORE, BE IT RESOLVED by the City COunCi 1 Of
2 City of Carlsbad, California, as follows:
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B. That Tentative Map CT 81-46 is hereby extended fc 4
A. That the above recitations are true and correct;
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year from July 20, 1984, to July 20, 1985, subject to the
No. 6947 and the following additional condition: 7
execution and fulfillment of all the conditions of Resolut
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(1) This approval is expressly conditioned on the pi
the Applicant of a Public Facilities Fee as reqt
City Council Policy No. 17, dated February 24, : effective April 2, 1982, on file with the City I
incorporated herein by reference, and according
agreement executed by the Applicant for payment
fee. If said fee is not paid as promised, this
application will not be consistent with the Gent
and the project cannot proceed and this approva'
be void.
C. That the agreement for waiver of prohibition agl
imposition of conditions upon the approval of an extensiol
tentative subdivision map between Signal Development and '
of Carlsbad, dated June 1, 1984, on file in the Office of
Clerk,' is approved, and the Mayor is authorized to executs
agreement on behalf of the City.
D. That this extension is approved in reliance upon
agreement. Any legal challenge to or failure to perform
agreement or the conditions of this resolution shall rend
approval void and the map shall not be final.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Council of the City of Carlsbad, California, held on the
3rd day of July , 1984, by the following
wit:
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AYE S : Council PBnbrs Casler , Wis, Kulchin, Chick and Pres
NOES: None
ABSENT: None % d L&
MARY H. g' SLER, Mayor
ATTEST:
ALWfiiA$EN$-2 n
(SEAL)
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AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
AXTENTATIVE SUBDIVISION MAP
This Agreement is made this ]st day of ,Tlmp ,
19 84 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City" ) ani Airport Business Center I
- Palomar Business Park d.b.a.
a Joint Venture (hereinafter cailcd "Subdivider") -
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RECITALS
1 . .. Government Code Section 66452.6(e) and Carlsbad . Municipal
' Code Sections 20.12.110 and 10.24.180 permit Subdividers to
request and City to approve, conditionally approve *or deny
extensions of time for the expiration of tentative maps or
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps") .
' 2. El Patio v. Permanent Rent Control Board, 110 Gal, App.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that the
Government Code (Subdivision Map Actj may not authorize Cit
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to impose new conditions; i.e., . those which were not
imposed on the tentative' Subdivision map, upon the
extension of the time for expiration of a tentative
subdivision map, but also held that the City does have
discretion to approve or deny st;ch extensions.
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3. 'Government Cod-e Section 66452,6(d) and Carlsbad Municipal
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
' property covere'd by the 'tentative subdivision. map shall be
filed without first processing a new tentative subdivision
I map.
4. , Subdivider has requested City'to approve the extensioin Of
time for Tentative Subdivision Map No. C.T.81-46
which was initially approved on 7/6/82 .
5, , since the approval of said Tentative Subdivision Map, City i
has conducted studies which show that ,the.-cor.stAction Of
.certain drainage f.acilities or thoroughfares are' essential
to protect and provide for the health, welfare, and'safety
of all of the present and future residents of City,
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including those who will reside in said subdivision.
6. Since the approval of said .Tentative Subdivision Map, City
has adopted a major drainage fee or major thoroughfare fee
or both ,to provide the funds to construct the necessary
drainage facilities and thoroughfares,
-7. Since the approval of the Tentative Subdivision Map, City
has conducted studies which show the need to establish a
public facilities fee in order to provi.de for public
.facilities to protect the public health, safety and welfare
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of the present and future residents of City and .' to ensure
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that public facilities to serve the development will be
available concurrent with need as required by City's
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. general plan. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk to
. that effect. i
8. Because the original approval of said Tentative Subdivision
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Nap occurred pri%r to the adoption of the aforementioned
fees, City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees.
9. Since the initial approval of the Tentative Subdivision Map
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. there may have been changed circumstances which require
\ additional conditions of approval on the extension of the
Tentative Subdivision Nap to protect the public health,
safety, and welfa.re, to mitigate affects on the environment
or to ensure consistency of the extended map with the City':
general plan and Municipal Code.
.- 1.0. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivis,ion Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
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pablic' health, safety 'or welfare, or the environment or
ensure consistency with the general plan or Municipal Code,
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imposi.tion I of conditions.City may be required to'deny
Subdivider's request for extension to ensure that the
public .health, safety and welfare or the environment are
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protected or that the general plan or Municipal Code
requirements are satisfied. Approval of the extension of
. said Tentative Subdivision Map without assurances that the
fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and
would threaten the City's ability to. protect and provide
for the public health, safety, and welfare. Subdivider
agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency
with the general plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
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maps .
12. Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map. ' Subdivider would then be required to incur
substantial costs and time delays in processing a new ..
tentative subdivision map approval of which would be
subject .to new conditions necessary to ensure consistency
of the tentative subdivision map with the Subdivision Map
Act., the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety and
welfare.
13. City has reviewed the Subdivider's request for an extensio
" of time for said tentative subdivision map and finds that
granting the- request subject .to certain conditions will no
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be contrary to the public health, safety, and welfare.
NOW, THEREFORE-, in consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
follows :
1. City agrees to extend Subdivider's Tentative Subdivision Map
for one year subject to whatever new or revised conditions tl
City in its sole discretion deems appropriate.
2. Subdivider knowingly and voluntarily waives any and all righ.
the unconditioned extension of Tentative Subdivision Map No.
3. Subdivider knowingly and voluntarily consents to the imposit
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-46 which requires payment of any fee
which may be in effect at the time of approval of the fhal
subdivision map for said .subdivision or any portion thereof
to the following additional conditions:
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This approval' is expressly conditioned on the payment bg
the applicant of a public facilities fee as required by
City Council Policy No. 17, issued 2/24/82 and effectiv€
4/2/82, on file with the City Clerk and incorporated he.
by reference, and according to the agreement executed b:
-. . the applicant for payment of said fee. If said fee is j
paid as promised, this application will not be consistei
-with the General Plan and the project cannot proceed an1
this approval shall be void.
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. 4. The provisions of Carlsbad Municipal Code Sections 20.12.111
and 20.24.180, as appropriate, shall govern ,extension of th
map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative subdiv
map for a minor subdivision, the appeal of the City Enginee
approval, or conditional approval, of the extension by any
shall void this agreement unless
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the agreement .is subsequently approved by the City Council.
6, Any action by Subdivider to challenge the legality of this
. agreement or any failure by Subdivider to pay the fees' and
comply with any other conditions applicable to the
' extension shall void the approval of such extension. The
map shall not final and the development shall not proceed
until a new tent-ative subdivision map has begn approved.
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ATTEST :
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ALETHA L. RAUTENKFANZ,
City Cterk
CITY OF CARLSBAD, a municipal
corporation
BY MAYOR (lflajor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions) .- -
SUBDIVIDER
BY ( fc- 47 rAttfMm T)
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- APPROVED AS TO FORM: ._
VINCENT F. BIOBDO, JR., City Attorney
BY
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DANIEL s. HENTSCHKE, Assistant
City Attorney
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(Notarial acknowledgement of execut:
subdivider must be attached)
(Affix, corporate seal if appropriatc
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PALOMAR BUSINESS PARK, a
joint venture
BY : S IGNAL TA~AX3?*%RK , !. NC . , ..
a CaLifoxnta corpur;3i_:ic
(Joiilt Vcntuxer)
By:
By : ,L$AzAzLL"
CraLg oucher
Secrt5tary
By: PALOMAR AIRPORT PAX, I a California Iiinited p; ~~ ~
Receiver for Paloinar Airport Park, Ltd.,
pursuant to Order
Appointing Receiver the Orange County Cz Superior Court fi1c.I
September 7, 1983 i~
NO. 35-03-46
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STAY'j:: OF CALIFOF34 11~)
)ss.
COUNTY OF Uwd& )
On Jqne (3 f iqd , before me, the undersigr Not2Q' public in and for said State, Dersonally appeared &fr
and C&/Q BdOCFtEL , personally knc
me (or proved to me on the basis of satisfactory evidence) tc
persons who executed the within instrument as ,&/?es&uf
and %cr&rc/ , on beha15 of SIGNAL LAIJDblAFLX, INC, California cor$oration, the corporation that executed the wil
instrument pursuant to its bylaws or a resolution of its boa!
directors, said corporation being known to me to be one of tl venturers of PALOMAR BUSINESS PARK, the joint venture that e:
the within instrument, and acknowledged to me that such corpc
executed the same as such venturer and that such joint ventui executed the same,
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WITNLSS my hand and official seal.
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Notary Public in dnd\ for :
County and State
STATE OF CALIFORNIA)
COUNTY OF oms )
On (/hit? 19, 1984, before me, the undersigned,
Notary Public in and for said State, personzlly appeared L
E. EBERLING, known to me or proved to me on the basis of
satisfactory evidence to be the person that executed the G;
instrument as Receiver of Palomar Airport Park, Ltd., a-
California limited partnership, pursuant -to Order Appointi
Receiver of the Superior Court of the State oE California, of Orange, dated and filed on September 7, 1983, in Case h
instrument as a joint venturer of Palomar Business Park, t
joint venture that executed the within instrument and acknowledged to me that such limited partnership executed
szne both as a limited partnership and as a joint venture1
said joint ventu.re and that such joint venture also execut
same.
) ss. c
03-46, the limited partnership that executed the within
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WITNESS my hand and offici'al' seal.
Notary Public inland for s
OWGE COUNTY County and State
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PLANNING COMMISSION RESOLUTION 710. 1974
A RESOLUTION Ci? THE PLANNING COMMISSION OF THE, CIT OF CARLSBAD, CALIFOKNIA, RECOMMENDIEG APPROVAL
OF A-TENTATIVE SUBDIVISION MAP TO CREATE 77 LOTS 0
PROPERTY GENERALLY L9CATED ON THE'NORTH SIDE CF
PALOMAR AIRPORT RDAD, SOUTB AND WEST OF PALOMAR
AIRPORT, APPROXIl+IATELY 3500' NkST OF EL CAMINO
REAL.
APPLICANT: SIGNAL GANDMARK/CARLTOM BROWJE
CASE 110: CT 81-46
7 /I WHEREAS, a verified application for certain proper
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A portion of Lot "G'.' of Rancho Agua Hedionda, in t County of 'San Diego, according to Map thereof No.
filed in the Off ice of the County Recorder, Novernk
1896 .
has ,been Eilsd.with the city of Carlsbad, and referred to t ~.
Planning Comnission; and
WHEREAS, said ve-yified application coi>stitutes a I
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provided by Title 21 of .the Carlsbad,Municipal'Code; and
' 25 - WXEREAS, the Planning Commi.ssion did, on the 9th (
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Junet 1982, hold a duly noticed public hearing as prescribe
17 ito consider said request; and
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. WIEREAS , at said pub1 ic. hearing, upon hearing and
considering a1.1 tcstimony and arguments, if any, of all pel
desiring, to be heard, said Comgission considered all facto]
relating to the' Tentativ-e Tract Map..
i NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan1
Commission as follows:
A) That the above recitations are true and correct.
* . 25 .. B) That htised on the evidence presented at the public hea
'26 Commission recommends APPROVAL of CT 81-46, based on t.
following findings and sub-~cct t6 the following condit
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The project is consistent with the .cit2.’s General PI
the proposed. industrial subdivision is consistent wj
Planned Industrial .designation for the site as iridic
Land Use Element of the General ,Plan.
The site -is physically suitable for khe type and der
development since. the site is adequate in size and 5
* accommodate industrial development at the density p1
The project is consistent with all city public faci: icies and ordinances sin’ce:
a) The Planning Commission has, by inclusion of an condition to this project, insured .that the fin, not be approved unless the City Couizcil finds tl service is available to serve the project. In s
the Planning Commission has added a condition . shall .be -placed on the final map that building 1
not be issued for the project unless the City E: determines that sewer service is. available, and
. cannot occur -within the project unless sewer se’
remains available, the Planni?ig &xnrniSSiOn IS S
thaE. ehe. requirements of the public Eacilities 1
the General Plan have been met insofar as they
sewer serSice ‘for this project.
* b) All necessary public LmTrovements have been pro
will. be required as conditions of approval,
c) The app’licant has agreed and is required by the of an appropriate condition,to pay a public fac
Performance of that contract and payment oE th
. enable this body.to find that public facilities available concurrent with need as required by t Plan.
d> Assurances have BezG giver! that aciequate sewer
project will be provided by th’e city of Carlsba
The. proposed project is. compatible with the surrrc‘an land uses since surrounding properties are designat . industrial.development on the General Plan.
An Environmental Impact Report has been prepared an
Planning Commission has recommended, by minute moti
certification of the EIR to the City Council, The
Envisonrnental.Impact Report has been amended to inc
comments and documents of those testifying at the F hearing and responses thereto. The Planning .Comn!is certifies that the Environmental Impact Report has
completed in conformance with the Califdrnia Envirc
Quality Act and; the State guidelines a9d that the T
Commission hag’ reviewed, considered and’ evaluated t information contained in the report. The ‘Eriv.ironm6
Report as so amended and evaluated is recommended f
RESU NO. ’1974 -2-
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acceptance as the Final Environmenkal Impact Report, i
the Final Inpact Report as recommended is adequate ani . provides reasonable information on the project and al:
reasonable and feasible alternatives thereto, inclurli~
project."
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4llconditions:
5 I/ General Conditions
. 6 1) Approval is granted for CT 81-46, as'shown on Exhibit
dated June 9, 1982, incorporated by reference and on the Planning Department.. Devel'oprnent shall occur su
tions.
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stantially as shown unless otherwise noted i-n these c
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This project is approved upon the express condition t
final map shall not be approved unless the City Counc
as of .the time of such approval that sewer service is to serve the subdivision.
This project is approved upon the express 'condition t
building permits will nog be issued for development c) subject property unless the City Engineer determines facilities are avail.able at the time of application f
sewer permits and will'continue to be available until
occupancy. This note shall be placed on,the final ma
4) This project is approved upon the express condition t
applicant shall pay a public fabilities fee as requir Council policy.??^. 17, dated April 2, 7482, on file
City Cle'rk and incorporated hernin. by reCerence, and
to the agreement executed by the applicazt for paynen
fez a copy of that agreement dated October 29, '1980,
arnencled on May 28, 1982, is on file with .the city Cle
incorporated herein by referents, If said fee is riot promised, this applrcation will nct be consistent wit
General Plan and approval for this project shall be v
PXanlning - Department
5) The applicant shall establish a' property owner's asso and corresponding covenants, conditions and restricti
. CC&R's shall be submitted to and approved by the Plan Department prior to final map approval for each phase
6; The applicant shall prepare .a detailed iandscape and
irrigation plan, for all special. landscaped streets,
parks and common are'as, which shall be subnitted to a
approved by the Planning Director prior to approval o
final map for each phase.
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7j All approved landscaping Cor special landscaped stree
common areas shall be installed prior to occupancy of phase.
PC RES0 NO. 1974 -3-
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8) All landscaped are,= shall be. maintained'hn a healthy thriving condition, free froi weeds, trashJ and debriz
i? 9) Approved landscaping and facilities for mini-parks sh;
installed by the developer prior to building developxi
.. 60% of the acreage of the ent-ire phase within which tl
located as they are shown on the tentative map. 4.
5 10) Any signs proposed for this development shall be des:: conformance with the city's Sign Ordinance and approv
Planning Department prior to inktallation of such si9 6 specific plan and shall require review and approval o
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11) A uniform sign program for this development-shall be
to the Planning Departmenk for their review and appro
to occupancy of any building, - .
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The applicant shall subnit a street name list consist
the cityts street name policy subject.to the Planning Director's approval prior to final. map approval.
The project shall provide bus stop facilities at loca
subject to the satisfaction of the North County Trans trict. Said facilities shall at a mini,mun include a
free from advertising and a pole for the bus stop sig
bench and pole shall be designed in a nanner so as to detract fron the basic architectural theme of the plro
said design shall be subject tu the approval of the P
Director and Xorkh Cbunky Transit Diskrick,
The project shall attempt to develop a ride to work a program for iks employees with the North Csunty Trans trict. Furthermore, the project shall attempt to lin
staggering.of xorker shifts so as to facilitate the s
said program.
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j/ 15) Approval of TentatiGe Tract No, 81-46 is granted subj
appruval of Zone Change 250 and to approval of the an
of this property to the city of CarlsSad,.
161 Approval of. this tentative tract m?p shall expire twc
months from the date of City Council approval unless map is recorded, An extension hay be requested by tt-
* applicant. Said extension shall be approved or denic
. discretion of the City Council,. In approving an extc City Council may impose new conditions and may revise
conditions. .~
25 viablle parcels $s feasible until such time as tnese 17) The developer shall' offer short-term leases of agricr '
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of buildings within Airport Business Center Carlsbad regarding height limitations wh'ich may apply to cons1
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19) The applicant shall agree to make provision to utilize reclaimed .water, on the subject property in all cornon
. as approved by .the City' Engineer.
- *(l. 120) The reclaimed water irrigation system shall be maintai
Carlsbad, under a contractual agreement with the homec association that is to give the city total assurance t would always have the ability to discharge the effluer
. operated consistent with the requirements of the city
5
6
7
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33
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2- 7
18
13
20
21
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21) Irrigation systems to accommodate future reclaimed wat be designed consistent with Title 17 of the Californi; Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the inst of adequately sized sle.eves at crossing.points tc mini
street excavation.
Grading
22) The developer shall obtain a grading permit prior to t
.cornmencemo'nt- of any clearing or grading of the site.
23) The grading fdr this projecb is ,defined as "controlled
. by Section 11 ,06,17@( a) of the Carlsbad nu-nicipal Code
engineer whose responsibility :it shall be 'to coordinat
inspection and testing to insure' compliance of the wor
the approved grading plan, submit required reports to Engineer and verify compliance xith Chapter 11.06 of t
. Grading shall be perf'ormed uader: the observation of a
. Carlsbad Muaicipal Ccdc,
25) .
Upon completion of grading, "Le dcveiopcr ,shall insure "as-graded" geologic plan shall be.submitted to the Cil
Engi.neer. The plan shall c4earl.y show all the geology
exposed Sy the grading operation, all ge.ologic correct:
measures as actually constructed and must. be based on i map which represents bcth the pre and post site.yr.adin< plan. shall be signed by both-the soils engineer and tht
engineering geologist. The plan shall be prepared on i
OK similar drafting .,film and shall become a permanent 1
NO Grading shall occur outside the limits of the subdi~
unless a letter of permission is'obtained: fron the own€
the affected properties.
..
24
horizontal tu 1 vertical (2:1)>; 25
'
26) .No cut or fill slopes shall be steeper than a ratio of
2% IZ7) Additional drainage easements mi drainage structures E
provided or icstalled' as may be required .by the County
neer o
27 . Department oE Sanitation and Fl.aod Control or- the City .. -.
"/PC RES0 NO. 1974 -5- ..
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28) The developer shall pay the cfirren.t loca.1 drainage arc prior to approval. of the final map or shall construct systems in conformance with the Master Drainage Plan
of Carlsbad Standards as required by the City ~nginee ..
CI cl
4
5
6
47
29) Land for all public streets ar,d easexients shown on th
tative map shall' be dedicated on the final map and sh
. granted to city free and clear of all liens and encum
30) Direct access rights for all lots abutting Palomar Ai
Road and all lots abutting College Boulevardd, except
joint driveway access to lots 25 and 26 of Phase 3 sh
waived on the final map. 1.
8 131) Direct access rights for lots I 2 and 13 in Phase I , a
rights for lot 1 in Phase 1 and lot 3 in Phase 2, abu
"D" Street shall be waived on the final 'map. Direc.t
Camino vida Roble shall Le waived on the final map. 91
. 10
. ' 11
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14
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3.6
3.7
18
3.9
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. ' 25
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Pub1 ic Improvements .
32) . All public streets shall be improved by the developer
the typical sectioas shown on the tentative map and i conformance with City of Czlrlsbad Standards prior to
of any buildings within the phase for which the impro . are required. ..
1.
I !Streets ..
I
33) Unless otherwi-se staked in the cofiditions below, all
. inprovqments withir, a phase shall be constructed by t - dev(tloper tc; full-width, I
34) ~xcept as indicated in the conditions belbw, all stre
isproyernents will accur in conjunction with adjacerlt development.
351 The developer shall construct half-street. improvement
including a ra'ised median, along the Phase I frontage Palomar Airport Road and prjvide a transition east of
Vida Roble for Palonar Airport Road improved to the.
phase.
. * satisfaction-of the City Engineer prior to occupancy
I
36) The developer shall construct half-street improvement
including a raised median, along the Phase I1 frontag Palomar Airport Road prior to occupancy of Phase 11,
37j College Boulevard shall be improved full-width within Phase'III boundaries prior to occupancy -of that phase
full 102-foot rj-ghtiof-way shall be dedicated at the
the final- map f6r Phase III with gyading being done f ultimate street width,
~
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28 PC RES0 NO. 1974 -6:
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38) Collecje Eoulevard shall'be improved cfy-site, from thc
. southern boundary of Phase III to-.Palornar Airport Roac . 32-foot width including curbs prior t'o occupancy of PI
The full lO2-foot right-of-way .. shall' be dedicated.
39) Notwithstanding conditions 35 2nd 36 the city Engineel request constructiDn of CoILege aoulevx2 .to city stal
i prior to occupancy of Phase If1 based .OR the followir,?
5/
occurrences:
a) Increase of 5,000 VDP in ADT (based on Fall 1980 ' counts) on El Canino Real between Tamarack Avenue Palomar Airport Road. 6/
7
'6
9
b) Increase in 5,000 VDP in AD% (based on Fall 1980 counts) on Palmar AiYport Road bc'iwen EL Carnino
. Paseo del Norte.
10
-111 12
c 11
40)
13
.14 I~~) 2-5 I
Prior to occupancy of Phase 1, Calnino Vida Roble shal
'constructed full-width between Palomar Airport Road a
Strezt.
"D" Street shall. be construcked to' full-ividth improve
from Palorr,ar Airport Road Lo the w6st end of Phase .I occupancy of that phase,
..
"I)" Street shall be constructed to .full--width improve
from the west end of Phase 1 to College Boulevard, pr occupancy of phase 111, ' .
25
z'i
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43
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4.3) Sidewalks shall be constructed kc city standard:; cn b
. Roble' and "D" Street, All other streetxi w'ilI have, a
of the followi'ng streets: College Boulevard, Carnino
rrtinimum, sidewalks eonstruutk? "to city si;;"i-ldards 03; o
of the street.. .
Traffic Signals
. M 30,44) I' ~1.e developer shalt enter L:to 2 traffic signal aqree
the city and post, aa bond to in'sxre ccnstructiox of t
.map for each phase. 21 requires traffic signals .prior .to tl-ie ;:pproval GE the
22 ..
45). The required signals and the percentage of the cost c ..
23 I . .!
signals.to be borne by the developer is as follows:
23 , neve1oper
25 I I Intersection . cost. "
,_ 2alomar Airport Rd and Carnino Vlda Xoble fc
. 21 Palomar Airport Rd and "D", Street' ' * Carnino Vida Roble and;"D': Streek. . 100% '
27
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College Boulevard a.Ed I'D'' Street 100% I
*cost df thii signal shall be the difference betneen
' thre&-way intersection and a four-way 'intersection-
. PC. RES0 NO, 1974 -7- ... ".._ _.... ..... , _ ......... __._. ..... ""
- _.. :: .:;: .. ......
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46) The developer shall insfall the. re.quired traffic signa
the City Engineer determines that such signals are war
and so notifies the developer in writing.
.9
47) who develhoer shall conlplv with ail the rules, regulat a&..- " 1 " - L"" . " - 'I design requirements of the respective- sewer and water regarding services to the project,
* 41
5
' 48) The retention basins shall be constructed in the init.
6
of grading for the phase in which they occur, These 1
shall be maintained by the prpoerty. owner's associatic
responsibility shall be clearly stated in the CC&R's.
7
8
49} This subdivision contains a remainder parcel. No bui permit shall be issued for the remainder parcel until
9
further subdivided pursuant to the provisions of Tit1
the Carlsbad Municipal Code, This note shall be plac
10
final map. . .
' 11
12
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PASSEDI APPROVED AND ADOPTED at 'a regular meeting
Planning Commission of the city of CarPsbad, California, h
. 19th day of Ju'ne, 1982, by the following vote, to wit:
1311 . AYES: Commissioners. Marcus'p .Schlehube'r, Jose and
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15
16
1'8
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. KOES: None ..
ABSENT: Chairman Farrow, Commissioners' Friestedt a-
. Rombo'cis o
. ABSTAIN: NQne,
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19
20
21 ATTEST: .. 22
23 I I
CLARENCE SCHLWBER I vice-
CARLSBAD PLANNING CGMMXSS:
24
25
JAMES C. HAGAMAN, Secretary
2.6
. 27
CARLSBAD PLANNING COMMISSION -
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*.
.. 28 PC RES0 NO. 1974
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RESOLUTION NO. 6947
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING WITH CONDITIONS
TENTATIVE MAP (CY 81-46) TO CREATE 77 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROADl SOUTH AED WEST. OF PALOI.1AR
AIRPORT, AFPROXIK4TELY 3500 FEET WEST OF EL
CAMINO REAL.
APPLICANT: SIGNAL LANDMARK/CARLTON BROWNE
CASE NO.: CT 81-46.
WHEREAS, on June 9, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1974 recommending to the
Council that Tentative Map (CT 81-46) be conditionally app
and
WHEREAS, on July 6, 1982,. the City Council of the
of Carlsbad, held a public hearing to,consider the
recommendations and heard all persons interested in or OPE
to Tentative Map (CT 81-46): and
WHEREAS, an Environmental Impact Report (EIR 81-C
CT 81-46 was prepared and certified as complete in satisfz
of the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1980 and the California Environrner
Quality Act;
NOW, THEREFORE, BE IT RESOLVED by the City Counc:
the City of Carlsbad, California as follows:
A. Thak the above recitations are true and corn
B. ' That the findings of the Planning' Commission
Resolution No. 1974 constitute the findinqs of the City C
in this matter.
C. That said Tentative Map, together with the
provisions for its design and improvement and subject to
cdiTditions of this resolution, is consistent with all ap:
general and specific plans of the City of Carlsbad. .
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7
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9
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11
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D. That said amended Tentative Map CT 81-46 is h
I I 20
~ 21
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approved subject to all applicable requirements of the Car
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 1974, date
9, 1382, marked Exhibit A, attached hereto and made a part
hereof and, in addition, the following Condition No. 50 to
as follows:
50. "Prior to the approval of the final map for
project the applicant shall enter into an agreement satisf
to the City Attorney to hold.the City harmless from liabil for personal injury or property damage, or liability resul
from inverse condemnation caused by or resulting from the
operating Of Palomar Airport or aircraft using Palomar Air
Or fron the approval of this project. This condition shal apply to that portion of the project located within the F2 "clear zone" or "crash zone" of the airport as identified
the Environmental Impact Report."
PASSED, APPROVED AND ADOPTED at a reguler meetins
the City Council of the City of Carlsbad, held on the - 20tl
day of July , 1982, by the following vote, to wj
AYES: Ca-mCil Wers kler, b<s, Kulchin, Chick an~
NOES: None
ABSENT: None
I
I I
~ c flL+ I J dt4 LC -
MARY H .JCASLER, MZyor
22 !I
23 iI
11 ATTEST :
-
26 (SEAL)
27
28 - 2.
, r. ” w *
T.
1200 ELM AVENUE
CARLSBAD, CALlFORNlA 92008
July 10, 1984
Qitp of Qarls’bab
TE
V‘
Airport Business Park
17890 Skypark Circle
Imine, CA 92714
Enclosed for your records, please find a copy of the
following Resolution 7652 ” , adopted by the
Carlsbad City Council on July 3, 1984
LR : adm
Enclosures ( 1 )
Sincerely, &f+ LEE RAUTENKRANZ,
City Clerk V
e ,A\' ):,.. :;x. 1) . .. ;::,<.;,, ,.._
,"
; . . . ,;,- ": : c ~ : 1 i
,P", , . , ",' '. .*+ . \,..'.*\>,
1200 ELbl AVL:NCIE I I \ / !,"','\
, i. . i i.C," \++A" - - I
i .. s: {q
!., .p.?3;i:;i $! / ', \' '<\.,.&: ;.:.,:\, 1 \. ':/,$>,;, '_ ;.;:;:,,'
x-\": .. .. .( \A
(i>I.i2 fi? *, 3.1 f-~.j;,"s?::l
C.4'?iSliki), ChilFO3tNIA !?20G8 E.!
. ... -
L >&. b. 4>'d
T
(
fi.u.guc;t 9, 1982
Airpw t Eus iness Park
17830 Skypark Ci.rcLe
Irvinc, CA 92714
Enclosed for your records, please find a copy of the
followtng - Ordinance 9634 & 9635 __~ "_ - _._ -_ """ ""... , adopted by t'ne
Carlsba,d City Comcil on "___."I__ August 3, 1382
"" "_"
./ <(O Sincerely,
*",L- 45, bab b\ ~~~~~~;.-.~~~
LEE RAfJTENKZANZ ~ aL.
City Clerk
JAR : adm
1: > .,., c, JAL_G~~S~~-T@~ ( 1 )
e e
1200 ELM AVENUE T
CARLSBAD, CALIFORNIA 92008 (
aitg of Carlsbseb
July 28, 1982
Airpsrt Business Park
17890 Skypaxk Circle
Imine, Ca 9271 4
Enclosed for your recordsS, please find a copy of the
f~ll-~~ng Resolution No. 6947 9 adopted by the
Carlsbad City Council QII July 20, 1982
"
LR: adm
Enclosures ( 1 )
SfnserePy,
City @Perk W
e *
1200 ELM AVENUE
CARLSSAD, CALIFORNIA 92008
aitp o€ CarIsbab
TI
fi
July 28, 1982
Rick Engineering
3088 Pi0 Pies Drive, Suite 2C2
Carlsbad, Ca 92008
EncIosed for your records p please find a copy sf the
fO1h%hg Resolution 6947 __ 8 adopted by the
Caxlsbad City Council QII July 20, 1982
Sincerely, "
LR: adm
Enclosures ( 1 )