HomeMy WebLinkAbout1986-06-03; City Council; 8028-1; Tentative Map ExtensionCIT^OF CARLSBAD - AGENlQBILL
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TITLE:
"^TENTATIVE MAP EXTENSION - CARLSBAD TRACT
NO. 82-25, INCLUDING VARIANCE NO. 344
DEPT. HD.C^ ~
CITY ATT^JPAJ
CITY MttR <^*—
RECOMMENDED ACTION:
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ADOPT Resolution No. <fgT f ? .
time for Tentative Map CT 82-25
additional Planning and Engineering conditions
APPROVING a one-year extension of
incl tiding V-344 subject to
ITEM EXPLANATION
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Carlsbad Tract No. 82-25 is an eight lot tentative tract map on the
south side of Palomar Airport Road east of Laurel Tree Lane in the
PM-Q zone. The applicant is requesting that the map be extended to
January 26, 1987. ^
This tentative tract map was originally approved along with a
variance on January 26, 1983. The variance allowed for reduced
setbacks on some of the lots due to their shallow depth, since they
were constricted by the location of Palomar Airport Road and the
proposed frontage road. The site is zoned planned industrial with
a "Q" Qualified Overlay, and will be developed with industrial,
office or research and development uses. Since the seven buildable
lots created by this subdivision are covered by the "Q" Qualified
Overlay, it will be necessary for the developers of these parcels
to apply for approval of Site Development Plans (SDP's) prior to
development of these properties.
The tentative map and variance were originally approved by Planning
Commission Resolution Nos. 2073 and 2074. A one year extension of
time was granted on January 22, 1985 per City Council Resolution
No. 7886. Staff can recommend approval of the requested extension
with the addition of the conditions contained on Exhibit "A".
These conditions have been incorporated into ResolutionNo' F^y^ , approving the extension of this tentative tract map.
The applicant agreed to pay Public Facilities Fees with the
original application. Planning and Engineering staff have reviewed
this project and recommend the developer execute the revised Public
Facilities Fee Agreement for the payment of a 2.5% Public
Facilities Fee. The subdivider has signed an agreement to waive a
prohibition of new conditions.
This request for tentative map extension was originally submitted
to staff on December 19, 1985. This request was accidentally filed
with the residential requests being held up because of the
moratorium. It should have been processed immediately. Staff
recently became aware of this error and now recommends approval of
the requested extension.
Page 2 of Agenda Bill No
FISCAL IMPACT
This project will generate sewer, water and public facilities fees,
when developed in accordance with the standards of the PM-Q zone.
No development is proposed at this time.
EXHIBITS
1. Letter Requesting Extension, dated December 6, 1985
2. Location Map
3. Plat of Project
4. City Council Resolution No. /S'S**} , approving a one
year extension of time for Tentative Map
(CT 82-25, including V-344)
5. Exhibit "A" dated May 15, 1986
6. Planning Commission Resolution No. 2073
(Original conditions of dated 1/26/83)
December 6, 1985
City of Carlsbad
1200 Elm Avenue
Carlsbad, Ca 92008
Attn: Mr. Gene Donovan
Re: Tentative Tract 82-25
Dear Mr. Donovan:
We are hereby requesting a one-year extension of time
for Tentative Tract 82-25. This tract was originally
approved on 1-26-83 with a one-year extension applied
for and subsequently granted on 1-22-85. If you have
any questions please call me or my representatives,
Winchester Associates, at (714)924-5425.
Thank you,
/ HIROSHI Ukegawa
Miwako Ukegawa
lOCQTIQN MAO3
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CASE MO- CT 82-25/V-344
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RESOLUTION NO.8589
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE. MAP. NO. 82-25, INCLUDING V-344
3 SUBJECT TO CERTAIN CONDITIONS.
4 WHEREAS, Section 66473.5 of the Subdivision Map Act
5 provides that a tentative subdivision map may not be approved
6 unless it is consistent with all applicable general and specific
7 plans; and
8 WHEREAS, the Planning Commission of the City of Carlsbad
9 on the 26th day of January, 1982, adopted Resolution Nos. 2073 and
10 2074 approving, with conditions, Tentative Map CT 82-25 including
11 v-344; and
12 WHEREAS, the City Council of the City of Carlsbad on the
13 22nd day of January, 1985, adopted Resolution No. 7886, extending
14 Tentative Map CT 82-25, including V-344, for a period of one year
15 to January 22, 1986; and
16 WHEREAS, said Tentative Subdivision Map should have
17 expired on January 22, 1986, and the applicant has requested an
18 extension of time prior to the expiration of this tentative map,
19 but staff's workload and a misunderstanding about the status of
20 this project in reference to the moratorium delayed processing of
21 this request; and
22 WHEREAS, Tentative Map CT 82-25 is now inconsistent with
23 the General Plan of the City of Carlsbad because the City Council
24 has found that public facilities are inadequate; and the requested
.25 extension cannot be approved unless the subdivision can be brought
26 into conformance with the General Plan; and
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1 WHEREAS, the addition of certain conditions of approval to
2 the subdivision will allow it to be found to be in conformity with
3 the General Plan and the developer has requested the imposition of
4 such conditions and agreed to comply with them; and
5 WHEREAS, the approval of an extension of Tentative Map CT
6 82-25 including V-344 subject to such conditions, in lieu of denial
7 of the map, will allow the project to go forward avoiding the
8 unnecessary delay to the City, and to the developer involved with
9 denial, and the new application which would then be approved
10 subject to the same set of conditions; and
11 WHEREAS, both the developer and the City wish to extend
12 the map subject to the additional conditions;
13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
14 City of Carlsbad, California, as follows:
15 A. That the above recitations are true and correct.
16 B. That Tentative Map CT 82-25, including V-344, is
17 hereby extended for one year from January 26, 1986 to January 26,
18 1987, subject to the execution and fulfillment of all the
19 conditions of Resolution Nos. 2073 and 2074 and 7886 and the
20 following additional conditions:
21 IfT any condition for construction of any public
improvements or facilities, or the payment of any fees in
22 lieu thereof, imposed by this approval or imposed by law
on this project are challenged this approval shall be
23 suspended as provided in Government Code Section 65913.5.
If any such condition is determined to be invalid, this
24 approval shall be invalid unless the City Council
determines that the project without the condition complies
25 with all requirements of law.
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Before obtaining a final map or building permit, whichever
occurs first, the applicant shall: a) agree to pay any
increase in the public facilities fee or additional tax on
new construction and/or new development fees established
by the City Council prior to July 20, 1986; b) agree to
abide by any additional requirements established by the
development management system or phasing plans which may
be ultimately adopted by the City of Carlsbad. This
condition complies with City Council Ordinance No. 9791.
Prior to final map approval the applicant shall accept
drainage from upstream properties. The design of this
project shall incorporate this and shall determine the
impact on downstream properties. A note to this effect
shall be placed on the final map".
Prior to final map approval, the applicant shall agree to
participate in a bridge and thoroughfare district and any
assessment district associated with Palomar Airport
Road".
Improvements on Palomar Airport Road shall be completed
within 12 months of approval of this extension.
C. That the Agreement for Waiver of Prohibition against
the imposition of conditions upon the approval of an extension of a
tentative subdivision map between Hiroshi and Miwako Ukegawa and
the City of Carlsbad, dated May 20, 1985, on file in the Office of
the City Clerk, is approved, and the Mayor is authorized to execute
such agreement on behalf of the City.
D. That this extension is approved in reliance upon said
agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render this
approval void and the map shall not be final.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the nth day of june , 1986
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
/LA^^L^-f y .
MARY H. ^CASLER, Mayor
ATTEST:
o\ ,
ALETHA L. RAUTENKRANZ, CityJ^ e rk
(SEAL)
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ADDITIONAL CONDITIONS OF APPROVAL FOR
CT 82-25/V-344 - UKEGAWA
Planning Conditions:
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.
Before obtaining a final map or building permit,
whichever occurs first, the applicant shall: a)
agree to pay any increase in the public facilities
fee or additional tax on new construction and/or
new development fees established by the City
Council prior to July 20, 1986; b) agree to abide
by any additional requirements established by the
development management system or phasing plans
which may be ultimately adopted by the City of
Carlsbad. This condition complies with City
Council Ordinance No. 9791.
Engineering Conditions:
"Prior to final map approval the applicant shall
accept drainage from upstream properties. The
design of this project shall incorporate this and
shall determine the impact on downstream
properties. A note to this effect shall be placed
on the final map".
"Prior to final map approval, the applicant shall
agree to participate in a bridge and thoroughfare
district and any assessment district associated
with Palomar Airport Road".
"Improvements on Palomar Airport Road shall be
completed within 12 months of approval of this
extension".
EXHIBIT "A"
MAY 15, 1986
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CASE NO.: CT 82-25
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FILE COPYPLANNING COMMISSION RESOLUTION NO. 2073
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AM EIGHT LOT TENTATIVE
TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE SOUTHSIDE
OF PALOMAR AIRPORT ROAD, EAST OF LAUREL TREE LANE.
APPLICANT: UKEGAWA
wit:
WHEREAS, a verified application for certain property to
A portion of Lot "G" of Rancho Agua Hedionda according
to map thereof No. 823 filed November 16, 1896.
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has been filed with the City of Carlsbad, and referred to the
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Planning Commission; and
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WHEREAS, said verified application constitutes a request
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as provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 26th day of
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January, 1983, hold a duly noticed public hearing as prescribed by
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law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and
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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 Condominium Permit.
NOW, THEREFORE, BE IT'HEREBY RESOLVED by the Planning
Commission.as follows:
A) That the above recitation are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission hereby APPROVES CT 82-25 based on the following
findings and subject to the following conditions:
Findings:
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1) The proposed tentative map is consistent with the City's
General Plan since it is located within an area designated for
industrial development by the Land Use Element of the General
Plan.
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4 icies and ordinances since:
5 a) The Planning Commission has, by inclusion of an appropriate
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sewer service for this project.
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2) The site is physically suitable for the type and density of
development since the site is adequate in size and shape to
accomodate industrial development at the proposed density and
still meet all the requirements of the City's subdivision
ordinance.
3) The project is consistent with all city public facility pol-
condition to this project, insured 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
will be required as conditions of approval.
c) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee,
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be
available concurrent with need as required by the General
Plan.
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4) The proposed project is compatible with surrounding and future
land uses since it is being developed as industrial property
and the properties to the east, v/est and north are or will be
developed for industrial uses.
5) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on January 5, 1983 and approved by the
Planning Commission on January 26, 1983.
Conditions:
1) Approval is granted for CT 82-25, as shown on Exhibit "A",
dated November 4, 1982, incorporated by reference and on file
in the Land Use Planning office. Development shall occur
25 substantially as shown unless otherwise noted in these
conditions.
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PC RESO NO. 2073 .2
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2) 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.
3) 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.
4) 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 July 6, 1982, 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.
5) 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.
6) Water shall be provided by the city of Carlsbad unless some
other arrangement is approved by the City Council.
7) The applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
8) A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the final
map. Said map shall show all lots and streets within and
adjacent to the project.
9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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10) The applicant shall submit a street name list consistent with
the city's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval.
11) Approval of Tentative Tract No. CT 82-25 is granted subject to
approval of Variance 344.
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Engineering Department;
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12) Prior to submitting the final map, the applicant shall submit
27 a revised tentative map, as the previous submittal is
incomplete. The revised tentative map shall deliniate the
following:
PC RESO NO. 2073 .3 (3
•*• a) Laurel Tree Lane shall be shown as a temporary access only
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revised to include median improvements.o
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and shall have a 32 foot paved section in a 42 foot
dedicated right-of-way and shall have a 6" A. C.
berm on each side. At such time as the City Engineer
determines that a traffic signal warrant is met or left
turns at the intersection are hazardous, he shall direct,
and the subdivider shall construct, a raised triangular
island in Laurel Tree Lane at the intersection and post a
"no left turn" sign or shall make such other changes to
prevent left turn movements as the City Engineer may
direct.
c) The alignment/circulation of "A" Street shall be shown
from College Avenue to Palomar Oaks Way.
d) The drainage system shall be revised to utilize 2:1 slopes
and a low flow channel identical to the development to the
east (CT 82-4) this channel shall be heavily landscaped
with riparian type foliage. The drainage system shall
also include design for a permanent detention basin, to
restrict the offsite flow to that of this sites natural
state.
e) The proposed retaining wall adjacent to Palomar Airport
Road shall be removed.
f) The revised tentative map shall show the existing 18" sewer
main trunk line adjacent to this subdivision, alongside the
21" sewer main trunk line.
13) The City Council has acquired facilities to produce
reclaimed water and is doing a master plan for the use of
reclaimed water. In order to insure an adequate water supply
for the city and this development, it may be neces-
sary for the applicant to use Type I reclaimed water in the
common areas of the subdivision. This project shall comply
with the requirements of the reclaimed water master plan as
adopted by the City Council. If the plan so provides, the
applicant shall construct dual systems for reclaimed water in
accordance with Title 17 of the Administrative Code and city
standards. The covenants, conditions and restrictions for the
subdivision shall provide for a property owners associa-
tion with the responsibility for the use of reclaimed water and
for the maintenance and operation of the system in accordance
with city standards in the event a reclaimed water system is
required. The City Engineer may require the installation of
sleeves at crossing points to provide for the possibility of
reclaimed water service to properties adjacent to this
subdivision.
14) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
PC RESO NO. 2073 .4
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19) Land for all public streets and easements shown on the ten-
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15) Prior to the approval of the final map, the applicant shall
submit soils reports covering the subject site, particular
attention shall be given to the garbage and rubbish deposits
and the possibility of trapped gases shall be investigated.
16) 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 reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad iMunicipal Code.
17) No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
18) 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-
tative map shall be dedicated on the final map and shall be
granted to city free and clear of all liens and encumberances.
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>0) Palomar Airport Road shall be dedicated on the final map along
the subdivision frontage based on a right-of-way half width of
63 feet.
:1) "A" Street shall be dedicated on the final map along the
subdivision frontage based on a right-of-way width of 40 feet.
22) A 15 foot easement shall be dedicated for sewer purposes to
the City of Carlsbad with the right to assign that easement to
others. The center line of the easement shall be 57.5 feet
south of the center line of Palomar Airport Road.
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23) Laurel Tree Lane shall be utilized as temporary access for
this project. This road shall be vacated back to lot #1 (with
the reservation of public sewer and utility easements) when
College Boulevard connects with "A" Street. A note to this
effect shall be placed on the final map. The removal of
improvements associated with Laurel Tree Lane shall be secured
prior to final map approval.
24) Direct access rights for all lots abutting Palomar Airport
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Road shall be waived on the final map.
5) All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to occupancy
of any buildings.
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?C RESO NO. 2073 .5 ^$
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Standards prior to occupancy of any buildings.
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27) "A" Street shall be improved by the developer within the
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secured prior to approval the final map.
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29) The drainage system as shown on the tentative map is not
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26) Palomar Airport Road shall be improved by the developer along
the subdivision frontage based on a centerline to curb face
width of 53 feet and in conformance with City of Carlsbad
subdivision based on a centerline to curb face width of 16 feet
and in conformance with City of Carlsbad Standards prior to
occupancy of any buildings. This street shall be improved to
the boundary of CT 82-4 prior to the occupancy of the last
building to be constructed within this subdivision.
28) "A" Street shall be extended to the east to Palomar Oaks Way
based upon a right of way width of 40'. The improvement of
this extension to the westerly boundary of CT 82-4 shall be
acceptable, the applicant shall submit a complete basin study
and design the same type facilities as utilized upstream
including a detention basin.
30) The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad
Standards.
31) 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.
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32) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
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33) All concrete terrace drains shall be maintained by the property
owner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot) in
perpetuity. An appropriately worded statement clearly
identifying the responsibility shall be placed in the CC&R's
or as a deed restriction.
34) 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.
PC RESO NO. 2073 .6
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Fire
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Parks
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SF a
'"nuaO/
The design of Palomar Airport Road (including median), Laurel
Tree Lane, "A" Street, and the drainage systems necessary to
serve this project shall be approved by the City Engineer
prior to final map approval. Bonds for these improvements
must be posted prior to final map approval.
Department
Prior to the issuance of building permits, complete building
plans snail be submitted to and approved by the Fire
Department.
Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
The applicant shall submit two (2) copies of a site plan
showing locations .of existing and proposed fire hydrants and on
site roads and drives subject to the approval of the Fire
Marshall.
An all weather access road shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
Fire retardant roofs shall be required on all structures.
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.
and Recreation
Landscape and median improvements are required per City
standards and Park and Recreation Department approval on
Palomar Airport Road.
Street tree and right-of-way landscaping is required per Park
and Recreation Department Guidelines along all street
frontages.
PC RESO NO. 2073 .7
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of January, 1983, by the, following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus,
Rombotis, Farrow, Jose and Friestedt.
NOE 3: None.
ABSENT: Commissioner Rawlins.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST
MICHAEL J. HOLZMILL'SR
LAND USE PLANNING MANAGER
PC RESO NO. 2073