HomeMy WebLinkAbout1986-03-04; City Council; 8537; Convey An Easementa ,^ s Cl” OF CARLSBAD - AGENL-. BILL $ #J-f j .-A -” u 5
. AB# k3-37 TITLE: DEPT. HD. ’
MT& 3 /4/B6 AGREEMENT TO CONVEY EASEMENT
PD-251 PACIFIC CORPORATE CENTER CITY A & /
DEPT. ENG CITY MGR&
RECOMMENDED ACTION:
BY motion, approve the agreement to convey an easement and
authorize the Mayor to execute the document.
ITEM EXPLANATJON
The agreement will satisfy Condition No. 33 of Planning
Commission Resolution No. 2433 adopted on April 24, 1985 which
requires Meister Development Group, developers of this
project, to enter into an agreement with the City of Carlsbad to ensure the future conveyance of an easement for reciprocal
access purposes if the City deems so necessary at a later
date.
FISCAL IMPACT
None
EXJ-IIBITS
1. Agreement to Convey Easement (with exhibits)
2. Location Map
3. Plat of Project
4. Planning Commission Resolution No. 2433
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PLANNING COMMISSION RESOLUTION NO. 2433 /
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO LOT 14 OF PUD-17 TO. PERMIT CONSTRUCTION OFF AN OFFICE BUILDING ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD APPLICANT: MEISTER CASE NO.: PUD-17(D)
WHEREAS, a verified application for certain property to
ait:
Parcel 14 of Parcel Map 11457 filed in the Office of the County Recorder of San Diego County,.July 2, 1981,
Ias been filed with the City of Carlsbad, and referred to the
?lanning Commission; and
WHEREAS, said verified application constitutes a request
IS provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 24th day of
Lpril, 1985, hold a duly noticed public hearing as prescribed by
.aw to consider said request; and
WHEREAS, at said public hearing, upon hearing and
:onsidering all testimony and arguments, if any, of all persons
lesiring to be heard, said Commission considered all factors
:elating to the Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :
tommission as follows:
L) That the above recitations are true and correct.
1) That based on the evidence presented at the public hearing, the Commission hereby APPROVES PUD-17(D), based on the following findings and subject to the following conditions:
'indings:
1 The proposed change in development at th,e subject location wil not be detrimental to other properties in PUD-17.
‘//I - ‘//I EXHIBIT "B"
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2)
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The proposed increase in square footage is justified by improvements in design and unique architecture.
The proposed development will not be detrimental to the health, safety and general welfare of persons residing or working in the same vicinity, nor would the project be injurious to property or improvements in this area.
All design criteria set forth in Section 21.45.110, and all minimum development standards set forth in Section 21.45.120 will be met.
The proposed project will be consistent with all elements of the General Plan including the land use element which designates the site for planned industrial development.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
The Land Use Planning Manager has determined that the proposed project has been addressed in previously approved environmental documents and issued a Notice of Prior Environmental Compliance on March 7, 1985.
Conditions:
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3)
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?,C
Approval is granted for PUD-17(D), as shown on Eihibits "A" - "G", dated April 24, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
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 January 29, 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.
RESO NO. 2433 -2-
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5)
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Prior to the issuance of building permits, the applicant shall submit a final Planned Unit Development plan, incorporating all changes required herein, for the approval of the Land Us8
Planning Manager. .
The standards of the P-M (Planned Industrial) zone regarding permitted uses, conditional uses, building height, outdoor storage and industrial waste discharge shall apply to the subject property. No encroachment into any required yard, other than is permitted by this application shall be allowed unless a revised Planned Unit Development application is approved.
A sign program for the entire development shall Se subject to the review and approval of the Land Use Planning Manager prior to the issuance of building permits. Said signs shall be low profile and well integrated into the development.
Prior to the issuance of building permits, the applicant shall submit a detailed landscaping and irrigation plan, generally consistent with Exhibit "G", dated April 24, 1985, subject to the approval of the Land Use Planning Manager.
This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. . Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager.
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and.streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director.
The applicant shall enter into a irrevocable parking easement with the property owner to the south granting the applicant the use of 53 parking spaces and access to and from these spaces as indicated on Exhibit "A", dated April 24, 1985. This agreement shall be provided prior to issuance of building permits. Approval of this amendment shall become null and void if such agreement cannot be obtained.
All other conditions of the original approval for PUD-17 not altered by this application, on file in the Land Use Planning Office and incorporated herein by reference, shall
apply to this application. ?C RESO NO. 2433 -3-
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15) AII employee lunch area shall be provided at the rear of the lot to the satisfaction of the Land Use Planning Manager.
16) Interior noise levels shall be mitigated to a maximum of 45 decibels. 9 -
Engineering:
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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.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for.this project is defined as "controlled 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 insure compliance of the work with the approved grading plan, submit required r8pOrts to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. .
No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper 'than 2:l.
Prior to hauling dirt or consfruction 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.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer.
?C RESO NO. 2433 -4-
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31)
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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.
(&3m8, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY (Name of Engineer) Date:
R.C.E. NC. #
Fire Department:
34) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
35) Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal.
36)' The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and 01 site roads and drives to the Fire Marshal for approval.
37). An all weather access road shall be maintained throughout construction.
PC RESO NO. 2433 ‘ -60
The d8V8lOp8r shall provide the City with a reproducible mylar copy Of the sit8 plan as approved by the Planning COmmiS8iOn. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal.
Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexatio of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. .
Prior to issuance of the grading permit, the applicant shall 1 enter into an agreement whereby, if the City Engineer determines that future development of the property adjacent to the north requires joint driveway access with this development, the owners of this development shall enter into appropriate reciprocal access agreements.
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All required fire hydrants, Water mains and appurtenances shal
be operational prior to combustible building materials being
located on the project site-
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or haV8 four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of th8
Planning Commission of the City of Carlsbad, California, held on the
24th day of April, 1985, by the following vote, to wit:
AYES:
NOES:
Commissioners Schlehuber, L'Heureux, Marcus, McFadden, Smith and Rombotis.
None.
ABSENT: Chairman Farrow.
ABSTAIN: NOn8.
CLARENCE SCHLEHUBER, Vice-Chairman CARLSBAD PLANNING COMMISSION
4TTEST:
LAND USE PLANNING MANAGER
PC RESO NO. 2433
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DESCRIPTION OF SUBJECT PORTION
Beginning at the most Westerly corner of Parcel 14 of Parcel Map No. 11457, in the City of Carlsbad, County of San Diego, State of California, on file in the office of the County Recorder of said County, of said State, said corner formed by the intersection of two courses: North 39 41'59" West 22.31 feet (North 39 41'49" West 22.29 feet per record) and North 61 25'05" East 251.19 feet (North 61 24'41" East 251.13 feet per record), said corner also being the TRUE POINT OF BEGINNING; thence, leaving said corner along the Northerly boundary of said Parcel 14 North 61 25'05" East 81.45 feet (North 61 24'49" East per record); thence, leaving said boundary South 28 34'55" East 28.02 feet; thence, South 61 25'05" West 5.00 feet; thence, South 76 29'20" West 77.57 feet to a point on the Westerly boundary of said Parcel 14; thence, along the Westerly boundary North 39 41'59" West (North 39 41'49" West per record) 8.00 feet to the TRUE POINT OF BEGINNING.
EXHIBIT "C" -5-
VICINITY MAP
NOTTOSCALE ; - N& fl!;tJQAfl Y b ’
s I Bbl, NO. 11457
* PA’RCEL 14
PARCEL b3
SCALE: * I" = 30'
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CJIVIL IENQllil~eRlB. LIUCIVSYORB . PLANNE
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is entered into as of this day of , 198-t by and between
MEISTER DEVELOPMENT GROUP, a California corporation ("Grantor"), and ("Grantee").
RECITALS: -___----
A. Grantor owns certain real property located in San Diego County, State of California, more particularly described on Exhibit "A", attached hereto and by this reference made a part hereof (the "Property").
B. Grantee owns certain real property located in San Diego County, State of California, more particularly described on Exhibit "B",. attached hereto and by this reference made a part hereof (the "Adjacent Property").
C. Grantee desires to obtain from Grantor and Grantor has agreed to grant to Grantee, subject to the terms and conditions set forth herein, a perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress purposes over that portion of the Property which is described in Exhibit "C", attached hereto and by this reference made a part hereof (the "Easement Area") for the benefit of and appurtenant to the Adjacent Property.
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Grant of Easement. Grantor hereby grants Grantee a perpetual, non-exclusive easement and right-of-way, and incidents thereto, for the benefit of and appurtenant to the Adjacent Property over the Easement Area for the purpose of (i) vehicular and pedestrian ingress and egress to and from Avenida Encinas to the Adjacent Property; and, (ii) the maintenance, repair, replacement, restoration, and cleaning of the Easement Area, and ingress and egress in connection therewith.
2. Exclusivity. The easement granted hereunder is non-exclusive and shall be used in common by the Owners of the
0059U/M5519-003 th:12/02/85
EXHIBIT "D"
Property and Adjacent Property, and their officers, agents, employees, invitees, permittees, lessees, successors and assigns.
3. Reservations. Grantor hereby reserves and excepts from the grant of easement herein, the right to use the Easement Area for any and all lawful purposes, including, but not limited
to, (9 vehicular and pedestrian ingress and egress to and from Avenida Encinas to the Property; (ii) the maintenance, repair, replacement, restoration and cleaning of the Easement Area, and ingress and egress in connection therewith; and, (iii) the right to grant other easement rights in and to the Easement Area. Such subsequently granted easement rights shall not substantially interfere with the easement rights granted hereunder. The easement herein granted is subject to: (i) general and special taxes, assessments, and unpaid bonds; and, (ii) all covenants, conditions, restrictions, reservations, easements, rights, rights-of-way, and other encumbrances now of record, or as hereafter may become of record, which do not adversely affect Grantee's use of the easement in any unreasonable and substantial way.
4. Reimbursement for Construction Costs. Concurrently with the grant of this ea'sement,. Grantee shall reimburse Grantor' for one-half (l/2) of the cost of the construction of the improvements over the Easement Area, as constructed on the date hereof. Construction costs shall include all costs for labor, materials, permits, construction interest, architectural, contractor and engineering fees and attorneys' fees for preparation of documents, including but not limited to the documents necessary for the creation of this easement. Within ten (10) days of the date hereof, Grantor shall supply Grantee with a written statement setting forth the above-mentioned construction costs. Grantor shall have no obligation to grant the easement contemplated herein if Grantee does not pay its share of costs in a timely manner.
5. Maintenance of Easement Area. Subject to the reimbursement as hereinafter provided, Grantor shall be responsible for the maintenance, restoration, repair, cleaning and replacement of the improvements to the Easement Area, and shall use reasonable efforts to comply with all applicable governmental laws, rules, regulations, and ordinances in connection therewith. Such maintenance, restoration, repair, replacement and cleaning shall include, without limitation:
(a) maintaining any surfaces in a level, smooth, and evenly-covered condition with a type of surfacing material originally installed, or such substitute as shall, in all respects, be equal in quality, use and durability;
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(b) periodically removing all papers, debris, filth, refuse, and washing or thoroughly sweeping the area to the extent reasonably necessary to keep said area in a neat, clean and orderly condition; and,
(c) placing, keeping and repair, and replacing any necessary directional signs, markers, and lines.
Grantor and Grantee shall each pay for fifty percent (50%) of the costs and expenses of so maintaining, restoring, repairing, replacing and cleaning of the Easement Area (the "Maintenance Costs"). Within ten (10) days of Grantor's, or its successor's demand therefor, Grantee shall reimburse the Grantor for its fifty percent (50%) share of the Maintenance Costs. Grantor shall furnish Grantee with a written statement itemizing the Maintenance Costs upon demand. In the event that Grantee fails to timely pay its share of the Maintenance Costs, Grantee shall be subject to an additional charge ("Late Charge") in the amount of ten percent (10%) of the total Maintenance Costs. The delinquent payment for Maintenance Costs and the Late Charge shall bear interest thereafter at the maximum rate allowable at law until paid. Should legal action be instituted against Grantee for the payment of such Maintenance Costs, Late Charges and interest accrued thereon, Grantee shall also be liable for actual attorneys' fees and other expenses, if any, incurred in collecting such amounts. Grantee, by acceptance of a deed or other conveyance, regardless of whether it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay for fifty percent (50%) of the Maintenance Costs in accordance with this Paragraph 5. The portion of the Maintenance Costs and the Late Charge for which the Grantee is liable for hereunder, together with interest thereon, attorneys' fees and court costs, shall be a continuing lien upon the Adjacent Property and may be enforced by suit or by sale under the power of sale (which power is hereby granted), or by judicial foreclosure or any other manner allowed by law. Any exercise of the power of sale provided for above shall be conducted in accordance with Section 2924, etc., of the Civil Code of the State of California applicable to the exercise of powers of sale in mortgages or deeds of trust, or in any other manner permitted or provided by law. First American Title Insurance Company is hereby appointed as trustee in connection with any exercise of such power of sale and fee title to the Adjacent Property shall be deemed to be vested in First American Title Insurance Company for purposes of any such power of sale. Such Maintenance Costs and Late Charges, together with such interest, costs, and attorneys' fees, shall also be a personal obligation of Grantee at the time the same become due. The personal obligations shall not pass to the successors of Grantee unless expressly assumed by such successors. In the event Grantor fails to maintain the
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Easement Area as set forth hereinabove, Grantee's sole recourse shall be to assume such obligations upon 45 days notice to Grantor of such intention and Grantor's failure to cure such failure to maintain within said 45 day notice period.
6. Insurance and Indemnification. Grantee shall indemnify and hold Grantor harmless against and from any and all claims for injury or death to persons, or damage to, or loss of, property arising out of its use, operation, or maintenance of the Easement Area, or any improvement thereon or the use, operation, or maintenance of the Easement Area, or any improvement thereon by any of its officers, agents, employees, invitees, permittees, lessees, successors or assigns. In connection therewith, Grantee shall at all times at its sole cost and expense, maintain a comprehensive, general liability policy of insurance, combined with combined single limits of not less than One Million Dollars ($1,000,000.00), which policy shall cover the above-mentioned use, operation, or maintenance, any other easement rights granted herein and the Easement Area.
7. Liens. Grantee shall not suffer or permit to be enforced against the Property or any part thereof, any mechanic's, materialmen's, contractor's, or subcontractor's liens arising from or caused by any claim for damage growing out of the work of any maintenance, restoration, repair, cleaning or replacement of the improvements to the Easement Area, or any other claim or demand arising out of any work undertaken by or on behalf of Grantee pursuant hereto, but Grantee shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against the Property. Grantee agrees to indemnify and hold Grantor and the Property free and harmless from all liability for any and all such liens, claims and demands, together with reasonable attorneys' fees and all costs and expenses in connection therewith. Grantor reserves the right at any time and from time to time to post and maintain on the Easement Area such notices as may be necessary to protect Grantor and the Property against liability for all such liens and claims.
8. Covenants to Run With the Land. Each and all of such covenants, conditions, easements and restrictions contained herein will run with the land which is burdened and benefitted thereby, shall be for the benefit of the Adjacent Property and the burden of the Property, shall be binding upon each Owner of the Property and Adjacent Property, their respective successors, assigns, heirs, personal representatives of such Owners, including any and all other persons, firms or corporations having, or hereafter acquiring any right, title or interest in and to such Property or Adjacent Property, or any part thereof, and all benefits derived therefrom shall inure to the benefit of
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the Owner of the Adjacent Property, and respective successors- in-interest, heirs, and personal representatives of such Owner, including all other persons, firms, or corporations having or hereafter acquiring an interest, title or right in and/or to the Adjacent Property or any part thereof. Each such covenant, condition, restriction, and easement imposed upon the Property shall constitute an equitable servitude in favor of the Adjacent Property with the Adjacent Property being the dominant estate and the Property being the servient estate.
9. Relocation of Easement. Subject to the approval of the City of Carlsbad, Grantor at its sole cost and expense shall have the right to relocate the Easement Area to such other portion(s) of the Property as Grantor may hereafter designate in writing in its otherwise sole and absolute discretion; provided, however, that Grantor shall be responsible for ensuring that the Easement Area as relocated (along with any and all improvements located therein) shall be substantially the same kind, character and quality as installed at and upon the initial location of the Easement Area, and Grantor shall be responsible for complying with all governmental requirements in connection therewith.
10. Cancellation. In the event that access is created over the Adjacent Property or any other property independent of the Easement Area ("Alternative Access"), which access is sufficient to independently service the traffic needs of the Adjacent Area, this Agreement will be cancelled by mutual agreement of the parties hereto. The Alternative Access shall deemed sufficient if the Alternative Access complies with the then existing building and/or zoning ordinances of the City of Carlsbad pertaining to driveway access and has been determined be sufficient by the City of Carlsbad.
be
to
11. Dedication. The provisions of this Agreement shall not be deemed to constitute a dedication for public use nor create any rights to the general public.
12. General Provisions.
(a) Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and such other provision shall remain in full force and effect;
(b) Time is of the essence;
(c) This Agreement shall be construed in accordance with and governed by the laws of the State of California;
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(d) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one agreement;
(e) This Agreement may not be modified in any respect whatsoever, or rescinded, in whole or in part, except by written instrument executed by the Owners of the Property and Adjacent Property recorded in the Official Records of San Diego County, California. In addition, this Agreement may not be modified or rescinded without giving prior written notice thereof to the holder or holders of any Mortgagee creating a first lien on the Property or any portion thereof; and,
(f) The covenants herein contained and established shall be valid and enforceable for a period of sixty (60) years from the date hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed upon date and year first-above written.
"Grantor" MEISTER DEVELOPMENT GROUP, a California corporation
By: Its:
By: Its:
"Grantee"
By: Its:
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LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
Parcel 14 in the City of Carlsbad, County of San Diego, State of California, as shown in the map filed in Book of Parcel Maps at page 11457 in the office of the County Recorder of said County.
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTEE’S PROPERTY
EXHIBIT “B”
LEGAL DESCRIPTION OF EASEMENT AREA
Beginning at the most Westerly corner of Parcel 14 of Parcel Map No. 11457, in the City of Carlsbad, County of San Diego, State of California, on file in the office of the County Recorder of said County, of said State, said corner formed by the intersection of two courses: North 39 41'59" West 22.31 feet (North 39 41'49" West 22.29 feet per record) and North 61 25'05" East 251.19 feet (North 61 24'41" East 251.13 feet per record), said corner also being the TRUE POINT OF BEGINNING; thence, leaving said corner along the Northerly boundary of said Parcel 14 North 61 25'05" East 81.45 feet (North 61 24'49" East per record); thence, leaving said boundary South 28 34'55" East 28.02 feet; thence, South 61 25'05" West 5.00 feet; thence, South 76 29'20" West 77.57 feet to a point on the Westerly boundary of said Parcel 14; thence, along the Westerly boundary North 39 41'59" West (North 39 41'49" West per record) 8.00 feet to the TRUE POINT OF BEGINNING.
EXHIBIT "C"
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.- . .- LOCATION MAP
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PROJECT NAME’ PROJ.
PACIFIC CORPORATE' CL.NTER p;!$'5,Ex;B' c
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’ PLAT OF PROJECT
PROJECT NAYC ygJ* ElullBll
PACIFIC CORPORATE CENTE,Re f’D-i5[ 3
1 PLANNING COMMISSION, RESOLUTION NO. 2433 !
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 2 CARLSBAD, CALIFORNIA,~APPROVING AN AMENDMENT To LOT 14 OF
3 PUD-17 TO. PERMIT CONSTRUCTION OFF AN OFFICE BUILDING m PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA
4 ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD APPLICANT: MEISTER
5 CASE NO.: PUD-17(D)
6 WHEREAS, a verified application for certain property to
7 wit:
a Parcel 14 of Parcel Map 11457 filed in the Office of the County Recorder of San Diego County,.July 2, 1981,
g has been filed with the City of Carlsbad, and referred to the
10 Planning Commission; and
11 WHEREAS, sa.id verified application constitutes a re-quest
I.2 as provided by Title 21 of the Carlsbad Municipal Code: and
13 WHEREAS, the Planning Commission did, on the 24th day of
I4 April, 1985, hold a duly noticed public hearing as prescribed by
I5 law to consider said request; and . 16 WHEREAS, at said public hearing, upon hearing and.
17 considering all testimony and arguments, if any, of all persons
la desiring to be heard, said Commission considered all factors
19 I relating to the Planned Unit Development.
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :
21 Commission as follows:
22 A) That the above recitations are true and correct.
23 B) That based on the evidence presented at the public hearing,
24 the Commission hereby APPROVES PUD-17(D), based on the following findings and subject to the following conditions:
25 'Findings: /I
26 1) The proposed change in development at th,e subject location wil
27 . not be detrimental to other properties in PUD-17.
28 V -. //// EXHIBIT "B"
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The proposed increase in square footage is justified by improvements in design and unique architecture.
The proposed development will not be detrimental to the health, sasetjr and general welfare of persons residing or working in the same vicinity, nor would the .project be injurious to property or improvements in this area.
All design criteria set forth in Section 21.45.110, and all minimum development standards set forth in Section 21.45.120 will be met.
The proposed project will be consistent with all elen?ents of the General Plan including the land use element which designates the site for planned industrial development.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
The Land Use Planning Manager has determined that the proposed project has been addressed in previously approved _ environmental documents and issued a Notice of Prior Environmental Con?pliance on March 7, 7985.
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Approval is granted for PUD-17(D), as shown on Exhibits "A" - "G", dated April 24, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
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 January 29, 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.
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Prior to the issuance of building permits, the applicant shall submit a final Planned Unit Development plan, incorporating all changes required herein, for the approval of the Land Use Planning Manager. . .
The standards of the P-M (Planned Industrial) zone regarding permitted usea, conditional useu, building 'height, outdoor
storage and industrial waste discharge shall apply to the subject property. No encroachment into any required yard, other than is permitted by this application shall be allowed unless a revised Planned Unit Development application is approved.
A sign program for the entire development shall be subject to the review and approval of the Land Use Planning Manager prior to the issuance of building permits. Said signs shall be low profile and well integrated into the development.
Prior to the issuance of building permits, the applicant shall submit a detailed landscaping and irrigation plan, generally consistent with Exhibit "G", dated April 24, 1985, subject to the approval of the Land Use Planning Manager.
This approval shall become null and void if building permits are not issued for this project within one year from the date
of project approval.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager.
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and.streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director.
The applicant shall enter into a irrevocable parking easement with the property owner to the south granting the applicant the use of 53 parking spaces and access to and from these spaces as indicated on Exhibit "A", dated April 24, 1985. This agreement shall be provided prior to issuance of building permits. Approval of this amendment shall become null and void if such agreement cannot be obtained.
All other conditions of the original approval for PUD-17 not altered by this application, on file in the Land Use Planning Office and incorporated herein by reference, -shall apply to this application.
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15) ,$n employee lunch area shall be provided at the rear of the lot to the satisfaction Of the Land Use Planning Manager.
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Engineering:
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Pretreatment of the ranitary 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.
The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled-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 insure compliance of the work with the approved grading plan, suhnit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. .
No grading shall occur outside the limits of the project unles a letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper 'than 2:l.
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.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer.
PC RESO NO. 2433
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f 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 responribilitiem for project design. (Name, Addrerru and Telephone of Engineering firm)
Firma
Address:
city, St. :
Telephone:
BY Date: (Name of Engineer)
R.C.E. NO. #
The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval -by the city. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal.
Prior to approval of any grading or building permits' for this project, the owner shall give written consent to the annexatio of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. .
Prior to issuance of the grading permit, the applicant shall enter into an agreement whereby, if the City Engineer determines that future development of the property adjacent to the north requires joint driveway access with this development the owners of this development shall enter into appropriate reciprocal access agreements.
Fire Department:
34) Prior to the issuance of building permits, complete building plans shall be sumitted to and approved by the Fire Department.
35) Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal.
36)' The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and or site roads and drives to the Fire Marshal for approval.
37) An all weather access road shall be maintained throughout construction.
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All fire alarm systems, fire hydrants, extinguishing systems, automatic rprinklerr, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area shall be eprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carl&ad, California, held on th
24th day of April, 1985, by the following vote, to wit:
AYES : Commissioners Schlehuber, L'Heureux, Marcus, McFadden, Smith and Rombotis.
NOES : None.
ABSENT: Chairman Farrow.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
LAND USE PLANNING MANAGER
PC RESO NO. 2433 , -79
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DESCRIPTION OF SUBJECT PORTION
Beginning at the most Westerly corner of Parcel 14 of Parcel Map No. 11457, in the City of Carlsbad, County of San Diego, State of California, on file in the office of the County Recorder of said County, of said State, said corner formed by the intersection of two courses: North 39 41'59" West 22.31 feet (North 39 41'49" West 22.29 feet per record) and North 61 25'05" East 251.19 feet (North 61 24'41" East 251.13 feet per record), said corner also being the TRUE POINT OF BEGINNING; thence, leaving said corner along the Northerly boundary of said Parcel 14 North 61 25'05" East 81.45 feet (North 61 24'49" East per record); thence, leaving said boundary South 28 34'55" East 28.02 feet; thence, South 61 25'05" West 5.00 feet; thence, South 76 29'20" West 77.57 feet to a point on the Westerly boundary of said Parcel 14; thence, along the Westerly boundary North 39 41'59" West (North 39 41'49" West per record) 8.00 feet to the TRUE POINT OF BEGINNING.
EXHIBIT "C" -5-