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HomeMy WebLinkAbout1997-10-21; City Council; 14395; LOCAL FACILITIES MANAGEMENT PLAN ZONE BOUNDARY ADJUSTMENT FOR THE PALMER WAY INDUSTRIAL PARK PROJECT - LFMP 87-05 D | LFMP 15 ALOCAL FACILITIES MANAGEMENT PLAN ZONE INDUSTRIAL PARK PROJECT - LFMP 87-05(D)/LFMP 15(A) MTG. 1021 -97 BOUNDARY ADJUSTMENT FORTHE PALMER WAY CITY ATTY.~ - - CITY MGR 3 a e * PAGE 2 OFAGENDA ILL NO. 14; 39s in-lieu fee requirement.) EXHIBITS: 1. 2. Location Map 3. 4. 5. fee required of all of the non-residential development3 in Zone 5. (Zone 15 dues nQt have th City Council Resolution No. 97 -6 Y? Planning Commission Resolution No. 41 71 Planning Commission Staff Report, dated September 3, 1997 Excerpt of Planning Commission Minutes, dated September 3, 1997. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a RESOLUTION NO. 97-647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR ZONES 5 AND 15 WHICH INCLUDES THE ADJUSTMENT OF THE ZONE BOUNDARY BETWEEN LFMP ZONES 5 AND 15 CASE NAME: PALMER WAY INDUSTRIAL PARK CASE NO.: LFMP 87-05(D)/LFMP 15(A) The City Council of the City of Carlsbad, California, does hereby res follows: WHEREAS, on August 4, 1987, and April 10, 1990, the City Council a Local Facilities Management Plans for Zones 5 and 15; and, WHEREAS, the Planning Commission considered the Palmer Way I Park project applications (SDP 96-13 and SUP 96-09), including the requested zone t: adjustment (LFMP 87-05(D)/LFMP 15(A)) at a public hearing held on September 3,199 WHEREAS, the Planning Commission adopted Planning Con Resolutions No. 4169 and 4170 approving SDP 96-13 and SUP 96-09 and adopted Commission Resolution No. 4 17 1 recommending that the City Council approve LFMP and LFMP 15(A). NOW, THEREFORE, BE IT RESOLVED by the City Council of th Carlsbad as follows: 1. 2. That the above recitations are true and correct. That the amendment to the boundary between LFMP Zones 5 and 15 approved as depicted on Exhibit “H’ , attached to Planning Commission Resolution Nc ... ’*. ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED AND ADOPTED at a regular meeting of the City Council of the Carlsbad on the 21st day of October 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, an NOES: None ABSENT: None ATTEST: 49 -&& ALETHA L. RA (SEAL) -2- @ PALMER WAY INDUSTRIAL PARK SDP 96-1 3/SUP 96-09/ LFMP 87=05(D)/LFMP 15(A) 1 2 3 4 5 6 7 8 9 ’ o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 EXHll PLANNING COMMISSION RESOLUTION NO. 4171 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR A ZONE BOUNDARY ADJUSTMENT ON PROPERTY GENERALLY LOCATED SOUTH OF COUGARDRIVE ON THE EAST AND WEST SIDES OF PALMER WAY CASE NAME: PALMER WAY INDUSTRIAL PARK CASE NO: LFMP 87-05(D)/LFMP 15(A) WHEREAS, Ron Lister, d.b.a. Lister Construction, ”Developer”, ha: verified application with the City of Carlsbad, regarding property owned by Ronal Lister and Colleen Marie Lister, Trustees, “Owner”, described as A portion of Parcel 1 of Parcel Map 10060, and a portion of Lot “B” of Rancho Agua Hedionda, all in the City of Carlsbad (“the Property”); and WHEREAS, the City Council passed Resolution No. 8797 adopting 1 Citywide Facilities and Improvements Plan establishing facility zones and performance : for public facilities; and WHEREAS, the City Council adopted Ordinance No. 8110 a implementing Proposition E approved on November 4, 1986 by the citizens of Carlsbad; WHEREAS, the Planning Commission did, on the 3rd day of Septeml hold duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all . and arguments, if any, of all persons desiring to be heard, said Commission considered I relating to the Local Facilities Management Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * 0 A) B) That the above recitations are true and correct That based on the evidence presented at the public hearing, the Con RECOMMENDS APPROVAL of Local Facilities Management P1i Amendment 87-05@)/LFMP 15(A) based on the following findings anc to the following conditions: Findings: 1. That Local Facilities Management Plan amendments for Zones 15 and 5 are CI with the Land Use Element and the other Elements contained in the General Pla adequate provision has been made for public facilities concurrent with I public performance standards will be complied with, and funding for all n public facilities and services will be guaranteed prior to any development ap grading or building permits in both zones. 2. That the Local Facilities Management Plan amendments for Zones 15 at consistent with Chapter 21.90 of the Carlsbad Municipal Code (Growth Mana and with the Citywide Facilities and Improvement Plan, in that the facility plr been amended consistent with Section 21.90.110 and the proposed b adjustment will not affect the implementation of either Zone 15 or Zone 5. That Local Facilities Management Plan amendments for Zones 15 and 5 conditions contained therein will (continue to) promote the public safety and w ensuring that public facilities will be provided in conformance with the performance standards and will be available prior to development occurring, ii public facilities and services required for the development of the Paln Industrial Park (SDP 96-13/SUP 96-09), processed in association with thi Amendment, are either already in place or will be provided through conc approval placed on the project approvals. 3. Conditions: 1. Approval is granted for Local Facilities Management Plan Zone Amend] OS(D)/LFMP 15(A) as shown on Exhibit “H” attached and incorporated 1 reference. ... ... ... *e* PC RES0 NO. 4 17 1 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 3rd day of September 199 following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, H Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None /7---7 // /- /' / J? i "2' ,+f' e< I ---I, 1- L ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: , MICHAEL J. HOWMILLEP Planning Director PC RES0 NO. 4171 -3- 8 e EXHIl c__ @ PALMER WAY INDUSTRIAL PARK LFMP Boundaries P.C. AGENDA OF: September 3, 1997 Application complete date: March 10, 1997 Project Engineer: Clyde Wickham Project Planner: Elaine Blackburn * SDP 96-1 3/SUP 96-09/L i@ ii 87-05(D)/LFMP 15(A) 0 ‘ PALMER WAY INDUSTRIAL PARK SEPTEMBER 3,1997 PAGE 2 square feet of gross floor area. The building will be a single story structure with a height of 21 fee It will be made of tilt-up concrete painted a muted beigehn color, with windows of green reflectij glass. Parcel 2 is located adjacent to, and slightly South of, Parcel 1. The proposed building for Parcel 2 an industrial office building for First Mechanical Company. This building will contain a total ( 15,250 square feet of gross floor area. It will be 27 feet in height, and will also be made of tilt-1 concrete. It will be painted a lighter cream color and will have windows of blue reflective glass. Parcel 3 is located at the corner of Cougar Drive and El Camino Real. No development is proposc for Parcel 3 at this time. However, the current project does involve creating a building pad for futu development with a similar industrial office building. Parcel 4 is located on the East side of Palmer Way separated from the other three parcels. TE parcel, totaling 6.3 acres, is proposed as an undeveloped parcel. Parcel 4 is contiguous to a larg open space area containing a canyon, and it is highly likely that portions of the canyon conta sensitive habitat. Parcel 4 consists primarily of steep slopes. It also contains some sensitive habii which would make much of the parcel undevelopable under Section 21.53 of the City’s MuniciF Code which addresses restrictions on environmentally sensitive lands. Finally, Parcel 4 is includi within Preserve Planning Area 2 of the City’s Habitat Management Plan. Due to the slope ai habitat conditions of the property, it is unlikely that Parcel 4 could meet the required standards allow it to be a usable lot under its current zoning (M - Industrial). It may, however, be a candidz property for designation as a mitigation bank parcel. Such a designation would require an evaluatic of the potential value of the parcel as habitat and the processing of a Conditional Use Permit (CU to establish the mitigation bank use. That process has not been initiated and is not a part oft current project application. IV. ANALYSIS The project is subject to the following regulations and requirements: A. B. General Plan PI (Planned Industrial) regulations; Non-residential PUD (Non-residential Planned Unit Development) regulations (Chapter 2 1.47 of the Carlsbad Municipal Code); M (Industrial) and Q (Qualified Overlay) Zone regulations (Chapters 21.32 and 21.06 of the Carlsbad Municipal Code), and Parking regulations (Chapter 21.44 of the Carlsbad Municipal Code); S-P (Scenic Preservation Overlay) regulations (Chapter 21.40 of the Carlsbad Municipal Code) and El Camino Real Corridor Development Standards; McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP); and, Growth Management regulations (Local Facilities Management Zones 15 and 5) C. D. E. F. Land Use Circulation Industrial Land Uses. Obiective B.5.: encourage planned industrial parks as the preferred method of accommodating industrial uses; Streets & Traffic Control, Obiective B.l.: to provide an adequate circulation infrastructure concurrent with or prior to the actual demand for such facilities; Scenic Roadways. Policv C.7.: approve projects adjacent to El Camino Real only if the proposed project is consistent with the El Camino Real Corridor Development Standards; * SDP 96-13/SUP 96-09L @ ~i‘ 87-05(D)/LFMP 15(A) 0 ’ PALMER WAY INDUSTRIAL PARK SEPTEMBER 3,1997 PAGE 4 D. S-P (Scenic Preservation) Overlay Zone and El Camino Real Corridor Development Standards The project site is located between El Camino Real (a Scenic Corridor) and Palmer W Consequently, a portion of the site (Parcel 3) is subject to the development standards contained the El Camino Real Corridor Development Standards and requires approval of a Special Use Pen (SUP). The El Camino Real Corridor Development Standards apply to lots which have actual frontage on Camino Real. Therefore, Parcel 3 of the proposed project is required to comply with tht standards. Parcel 3 is located within Area 4 of the El Camino Real Corridor, which extends from 1 College Avenue intersection to the Sunfresh Rose Company. Since no development is curren proposed for Parcel 3, some of the Corridor development standards (e.g., building height restrictio cannot be applied until development is proposed. At that time an SUP Amendment will be requir and the proposed project will again be evaluated for compliance with the applicable developm standards. However, because the future development pad for Parcel 3 is being created with t project, it is appropriate to require an SUP now and to design the future site in compliance w those corridor development standards which can be applied now. These would include grad standards and setback requirements. The El Camino Real Corridor Development Standards identify one common characteristic for t area: a “campus” look. 1 structures will include a clustered appearance and will share access off Palmer Way. The standai require that cut or fill for Parcel 3 not exceed 15 feet from original grade. The Minor Subdivisi associated with the project demonstrates compliance with this requirement. The standards a require a 30-foot setback from the right-of-way line to any proposed structure. The grading Parcel 3 is designed to easily accommodate this requirement, since the buildable area of Parcel 3 at least 45 feet from the property line. Therefore, staff believes the proposed project is consistc with the El Camino Real Corridor Development Standards. E. The project site is located within the Flight Activity Zone north of the Airport. The Airport CL suggests that these areas be held free of intensive (e.g., “high-rise”) development) and uses wh involve the assemblage of large groups of people (greater than 100). The proposed buildii (Parcels 1 and 2) are small in scale, containing only 10,115 and 15,250 square feet of floor area b having a maximum height of 21 feet and 27 feet. Neither of the proposed industrial office UI would involve large assemblages of people. Therefore, the proposed project is consistent with 1 Airport CLUP. F. This application includes a proposed amendment (boundary adjustment) to Local Facilit Management Zones 15 and 5 to remove the proposed project site from Zone 15 and place it wit1 Zone 5. Because there is no finance plan for Zone 15, it is currently not possible to obtain buildi permits for any project within the zone. Since no finance plan has been prepared or submitted The proposed project is designed to provide this campus look. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) Growth Management regulations (Local Facilities Management Zones 15 and 5) * SDP 96-131SUP 96-09L i9 IP 87-O5(D)LFMP 15(A) 0 ' PALMER WAY INDUSTRIAL PARK SEPTEMBER 3,1997 PAGE 5 review, staff cannot predict how long this situation may last. Consequently, the current propo project would not be allowed to proceed beyond discretionary approvals unless the reques boundary adjustment is approved. The proposed project site currently forms the southern-most parcel in Zone 15. Staff believes i reasonable to detach the subject property from Zone 15 and make it a part of Zone 5 due to facilities requirements and relationships of this project. Some of these requirements i relationships are as follows: Land Use and Circulation: The proposed boundary adjustment would place the Palmer Way project site in a zone w more similar (Le., industrial) uses. designated/zoned for residential development. The Palmer Way project site is part of a sn amount of industrial property located at the southern edge of Zone 15. The Sunny Crr Specific Plan area, which currently provides for some commercial development, is alsc Zone 15 and is located north of the Palmer Way site. When the Zone 15 Plan was appro' (in 1990), it was expected that the Palmer Way project site would be connected to the SUI Creek commercial development area (by the extension of Palmer Way). However, Sunny Creek property owner has proposed to revise the Sunny Creek Specific Plan to chai the commercial designated property to a residential designation. Therefore, the connect between the two properties (one residential and one industrial) would no longer be desiral The pending Sunny Creek Plan revision eliminates any through-connection between the 1 sites and thus, eliminates the reason for extending Palmer Way further north. The majority of the properties in Zone 15 Circulation/Drainage/Sewer/Water: The proposed boundary adjustment also makes sense from the perspective of sha facilities. The Palmer Way project site generally relates more closely to Zone 5 than to ZI 15. Topographically, it (and neighboring Zone 5 property) is a mesa-type area which res in its sharing drainage facilities with other Zone 5 properties. It will also utilize circulati sewer and water facilities which are a part of Zone 5. One of the major facilities issues tc addressed is a drainage issue. There may be several financing methods required for Zone properties in order to ensure provision of the necessary facilities. However, should requested boundary adjustment be approved, the Palmer Way project will still be require( bear their share of this responsibility. Properties within Zone 5 which impact or will uti this drainage area are conditioned to participate in the provision of adequate drain facilities even though they are not within Zone 15. Therefore, the requested bound adjustment will not negatively impact the necessary provision of facilities. Parks: The subject project is an industrial development which, because of its indust nature and its location, will impact the need for recreational/park facilities within Zonc Zone 5 properties currently pay a non-residential park impact fee of $SO per square foo offset this impact. By placing the project site within Zone 5, the subject project would t contribute to a benefit area the development will impact. . SDP 96-13/SUP 96-09L dl ii‘ 87-05(D)/LFMP 15(A) e ’ PALMER WAY INDUSTRIAL PARK SEPTEMBER 3,1997 PAGE 6 To summarize, staff has reviewed the requested zone boundary adjustment and believes the reqi for a boundary adjustment can be supported. The impacts on public facilities created by this project and compliance with the ado1 performance standards for Zone 5 are summarized as follows: Table 2: GROWTH MANAGEMENT COMPLIANCE V. ENVIRONMENTAL REVIEW The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) anl has been determined that the project will not result in any significant environmental impacts wh were not previously identified in the City’s Master Environmental Impact Report (MEIR 934 Therefore, the project has been determined to be in prior compliance with MEIR 93-0 1, and a No1 of Prior Environmental Compliance was issued on July 1 8, 1997. ATTACHMENTS: 1. 2. 3. 4. Location Map 5. Background Data Sheet 6. 7. Disclosure Statement 8. Reduced Exhibits 9. Planning Commission Resolution No. 4 169 Planning Commission Resolution No. 41 70 Planning Commission Resolution No. 41 71 Local Facilities Impact Assessment Form Full Size Exhibits “A” - “G” dated September 3, 1997 EB:kr e BACKGROUND DATA SHEET CASE NO: SDP 96-1 3/SUP 96-09LFMP 87-05(D)LFMP 15(A) CASE NAME: Palmer Way Industrial Park APPLICANT: Ron ListerLister Construction REQUEST AND LOCATION: a 4-lot subdivision to create and develop 3 industrial office lo and to create 1 open space lot LEGAL DESCRIPTION: of Rancho Aaua Hedionda, all in the Citv of Carlsbad APN: 209-040-39 Acres: 1 1.59 Proposed No. of LotsAJnits: 3 industrial office & 1 open spac A portion of Parcel 1 of P.M. 10060. and a Dortion of Lot ‘‘I parcels GENERAL PLAN AND ZONING Land Use Designation: Density Allowed: n/a Density Proposed: n/a Existing Zone: M-O Proposed Zone: M-O Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoni Requirements) PI (Planned Industrial) Zoning Land Use Site M-Q Undeveloped North R-A-lO,O-S, L-C Undeveloped, Nursing Home South M-Q Industrial/O ffice East M-Q, R-A Undeveloped( Canyon) West L-C, C-M Undeveloped PUBLIC FACILITIES School District: CUSD Water District: CMWD Sewer District CSD Equivalent Dwelling Units (Sewer Capacity): 14 Public Facilities Fee Agreement, dated: November 22. 1996 ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 [XI Other, Prior Compliance Certified Environmental Impact Report, dated e o CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Palmer Way Industrial Park - SDP 96-13/SUP 96-09/LFMP 8 OYDYLFMP 1 5(A) LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI ZONING: M-Q DEVELOPER’S NAME: Ron Listerkister Construction ADDRESS: 3365 Lakeview Terrace. Escondido. CA 92-95 PHONE NO.: 741-9800 ASSESSOR’S PARCEL NO.: 209-040-39 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 11.59 ac site ESTIMATED COMPLETION DATE: da A. City Administrative Facilities: Demand in Square Footage = n/a B. Library: Demand in Square Footage = n/a C. Wastewater Treatment Capacity (Calculate with J. Sewer) da D. Park: Demand in Acreage = n/a E. Drainage: Demand in CFS = da Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = 400 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2 H. Open Space: Acreage Provided = da I. Schools: da (Demands to be determined by staff) J. Sewer: Demands in EDUs 14 Identify Sub Basin = 50 (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 3080 APPLICANT'S STATEMENT OF DISCLOSURE OF CEmAlN OWNERSHIP IMERESTS ON ALL APPLICATIONS WHICH WILL RE DISCRETIONARY ACTION ON THE PART OF THE Crpl COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMRTEE L 0 e (Over) Disclosure Statement Pa 5. Uave you had more than $250 worth of business transacted with any member of City st: Commissions, Committees and Council within the past twelve months? Yes - No k If yes, please indicate person(s) - Person is defined as: 'Any individual, firm, copartnership, joint venture, association. social club, fraternal organization, corporation, estate receiver, syndicate, this and any other county, clty and county, city municipality, district or other political subdivision, or any other grc combination acting as a unit' - - (NOTE: Attach additional pages as necessary.) H- ce //- Ci-Pb. 0- /g& //- fJ -9t. Signature of Owner/date Signature of applicantldate MR. RON LISTER MR. RON LISTER Print or type name of Owner Print or type name of applicant r,/ P&e&&A>$$.+J& I I-2- 9.6 Sigature of Owners/ date NRS. COLLEEN M. LISTER Name of Owner YINXMKI WBS7UKJ 2YVd 7VlYl§M7N/ AVA Y3W7Vd P P -I Ifi - __ - - __ - - $ i'.Jl! NU m 1 uu JCH AKl#Yj a3sau&f G $23 aaaaa IY "B d ~VMS~UNIAVM wwi.i T- G 2 0 i= s 2 U? E, 3" 23 I 5 2 2 i= Gi E .- viiiawi iv~ ~vu> iavJ 7: 1311iili WH2W NU 8Ol Au713Vi U3SOdO8d 2 :;rZ-aaaaa J d d 7V/dl§fUN/ AVM WWVd 5 .... "".I.,.. "IYJ,".., . i!!ldiIi( I 523 .' 3 .. i daaaa wwnapJI AVM wwvd 437 && / EX Pag e September 3, 1997 ' PLANNING COMMISSION e 8 I* 2. sDP 96-13lSUP 96-091LFMP 87-051D)ILFMP 151A) - PALMER WAY INDUSTRIAL PARK request for a Site Development Plan, Special Use Permit, and Local Facilities Management z( boundary adjustment to allow development of an industrial Office park in a site located south Cougar Way on the east and west sides of Palmer Way within Local Facilities Management zc 15. Chairperson Nielsen announced that if the Commission recommends approval of this item, it will forwarded to the City Council for its consideration. - Project Planner, Elaine Blackburn, presented the staff report and described the project as follows: 7 item is a proposal for a small industrial office development. The project includes applications for a h Development Plan, Special Use Permit, and Local Facilities Management Plan zone boundary adjustmc The project also involves a non-residential PUD which would be approved or denied by the Plann Director after all other project applications are obtained, and a Parcel Map which has already be approved contingent upon the approval of the other related permits that are needed. The project site located at the northern end of Palmer Way, south of Cougar Drive. Parcels 1, 2, and 3, which will cont remain undeveloped, is located on the east side Of Palmer Way. Parcels 1 and 2 are proposed development immediately, as industrial office buildings. Both of the buildings are small in scale and i designed to be compatible with the neighboring uses to the south. Parcel 3 is to held for futi development. A building pad is being created on that site and that pad has been reviewed for complian with the El Camino Real Corridor Development Standards and found to be in compliance. It will, howev be required to come back for approval of the architecture, etc., when a development is proposed for 1 pad. Parcel 4, the non-developed parcel, is severely constrained and it is identified within the Cit Habitat Management Plan as being within Preserve Planning Area 2. It contains both steep slopes a sensitive habitat and therefore, contains very little (if any) usable area. The applicant recognizes tl condition The proposed Facilitic Management Plan zone boundary adjustment would transfer the project site from Zone 15, which primarily a residential zone, to Zone 5, which contains exclusively non-residential uses. Staff believes tt boundary adjustment is logical from a land use point of view anti still ensures provision of all necessa facilities and improvements in both zones. In summary, staff believes the project complies with applicat regulations for approval of the necessary permits. Staff has also reviewed the project under CEQA a' found it to be in compliance with prior environmental documents, in that an industrial office development this type was adequately considered in the City's General Plan Update Master EIR. This document w certified in 1994 and can be relied upon for five (5) years under CEQA regulations. Consequently, staff recommending approval of the project. Ms. Blackburn presented the Commission with a memorandum from the Engineering Department whic includes a new, two-part condition that needs to be added to the conditions of Resolution No. 4169, ar which will become Conditions No. 36A and 366 and all subsequent conditions will be re-numben appropriately. Also, Ms. Blackburn pointed out an error in the staff report in which there is reference to a Parks lmpal Fee. That reference incorrectly indicates the fee to be 50 cents per square foot and should be changed 1 40 cents per square foot. Ron Lister, 3365 Lake View Terrace, Escondido, representing Lister Construction, stated that he hE nothing to add to Ms. Blackburn's description of the project. Chairperson Nielsen opened the Public Testimony and issued the invitation to speak. David Acuff, 4292 Campus, San Diego, representing Chase Coleman, requested a two-week continuanct stating that an in'mdiate approval Of this application could possibly preclude an easement held by M Coleman, across Mr. Lister's property. He further stated that during the two week continuance, he an industrial office buildings are located between El Carnino Real and Palmer Way. Parcel 4, which 1 and has identified Parcel 4 as an area not to be developed. ’ PLANNING COMMlSSlO @ September 3, 1997 0 Pa( I (1. Mr. Coleman would meet with Mr. Lister in an effort to resolve this outstanding issue. Commissioner Welshons asked where the easement is located. Mr. Acuff stated that the easement is not shown on any of the maps and deferred to Mr. Colemar further details. Chase Coleman, 5855 Sunny Creek Road, Carlsbad, stated that he has no objection to the Lister prc but there appears to be a related problem. He stated that his mother, Dorothy Ebright, owns the prop adjacent to the eastern portion of the Lister property and in a divorce settlement in 1970’s, was grantec easement across a portion of the Lister property, in order to have access to El Camino Real. Mr. Colei indicated that the easement does not show up on any Title Reports as it was never recorded. How€ and Mr. Hayes stated that the current Lister property was in escrow and that he would have the easen plotted, talk with the City Engineer, and get back to Mr. Coleman for further discussion. Mr. Colei never heard from Mr. Hayes again. Mr. Coleman further stated that as he read the staff report, he not that there was absolutely no mention of the Ebright easement. He went on to point out that he has se letter, regarding this issue, to Ms. Blackbum, the Engineering Department, and to the Plani Commission, in which he enclosed a copy of the easement agreement. He also pointed out that in agreement the easement is labeled as “a floating easement.” Mr. Coleman stated that he had spoke Mr. Lister and does not believe there is a monumental problem but, however large or small, it needs tc resolved. For that reason, Mr. Coleman also stated his wish to have this hearing continued for two weeks. Mr. Lister explained where the proposed buildings will be placed and then addressed the fact that open area is very steep and virtually unusable. He stated that the area of the easement that Mr. Coler spoke of, does not impact the buildings and therefore requested that Parcels 1, 2, and 3 be approvec that construction can begin on schedule. He further pointed out that his company will be making sc very significant improvements along with a major clean-up effort. He also indicated his willingness to with Mr. Coleman and quite possibly continue Mrs. Ebright’s unrecorded easement. Seeing no one else wishing to testify, Chairperson Nielsen closed the Public Testimony. Principal Engineer, Bob Wojcik, stated that his department had received Mr. Coleman’s letter and inde the easement is unrecorded. Mr. Wojcik quoted from the easement, dated June 8 and June 9, 1972, follows: “There are two (2) floating easements encumbering the parcels. Since neither easement is fix Kenneth and Dorothy Ebright agree that any location of such an easement will be coordinated by the 1 of them. The easement crosses either Parcel 1 or Parcel 2 and Parcel “D.E.” Mr. Wojcik went on to st that the easement talks about a floating easement across either one or the other, for the purpose getting to El Camino Real. He further stated that since this is an unrecorded easement and it is, as Far the City Is concerned, a private agreement between two (2) individuals, there is no impact that staff SI nor any enforcement measures that would have to be taken to change this project in any way. Commissioner Monroy, asked if the Hillside Ordinance will affect anything in Parcel 1, as far as puttin! an access road. Mr. Wojcik stated that Parcel 1 is owned by the Wrisley Landscaping and they have a building there i there is room to extend Palmer Way northward, at some time in the future if there is a necessity for it. alSO stated that the easement does not impact the current proposed project and if Mrs. Ebright wishes use that easement, a road can be put where there used to be a dirt road that accessed Cougar Way. Commissioner Welshons asked Assistant City Attorney, Rich Rudolf, if there is a need for the Commiss to acknowledge this easement. on September 8, 1995, he stated that he was approached by Mr. Bill Hayes, of Burleson Pacific Real1 Pag 0 September 3, 1997 0 * PLANNING COMMISSION 1 ,I Mr. Rudolf advised that the Commission needs to be satisfied that this easement will not impact * project and it is his understanding that there is an area of potential ingress and egress at the top of Palr Way on Parcel 1 of the 1972 agreement between Mr. and Mrs. Ebright. This potential ingress and egrc is for the remaining larger parcel belonging to Mrs. Ebright, and if that is topographically capable carrying the easement for ingress and egress, then the Parcel Map that has been granted by Engineer, subject to the approval of this project, will be in compliance with the Map Act because it will ~ prevent access to that parcel in the back. MS. Blackburn pointed out that Parcels 1 and 2 of the easement are not Parcels ’1 and 2 of this project. Mr. Wojcik also pointed out that Mrs. Ebright currently gains access to El Camino via Sunny Creek Kc and does not use the access across any of these properties. Commissioner Heineman stated that in his opinion, the matter of the easement can certainly be worl out without impacting the Lister property and that the Commission is therefore, in line to go ahead. Motion by Commissioner Heineman, and duly seconded, to adopt Planni Commission Resolutions No. 4169, 4170, and 4171, approving SDP 96-13 a SUP 96-09, and recommending approval of LFMP 87-05(D)/LFMP 15(A), bas upon the findings and subject to the conditions contained therein, with 1 addition of Conditions No. 36A and 368 of Resolution No. 4169 and 1 appropriate re-numbering of all of the conditions that follow. Also, an amendmc to Condition No. 35 to read as follows: “Prior to building permit issuance 1 developer shall enter into an agreement to pay, secured by a bond, th .during the ten year period, the agreement and bond will be released by t City Engineer.” The applicant was asked if he concurs with this amendment to Condition No. 35 and he responded tt the amendment is acceptable as long as it clearly states “a proportionate share”. ~. ACTION: proportionate share of a traffic signal at the intersection . . .” (Last line) ‘I VOTE: 7-0 AYES: NOES: None ABSTAIN: None Nielsen, Noble, Heineman, Savary, Monroy, Welshons, and Compas PROOF OF PUBLIC@ON . . ,* ' (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen entitled matter. I am the principal clerk of the printer of ym and not a oar& to or interested in the above. North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171 349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: mt. 10, 1997 I certify (or declare) under penalty of perjury that Dated at California, this 10th day the foregoing is true and correct. sal Marcos of m.t. 1997 / .- i ,/ y L.;" /!. -- LC t; it ----i------------~---------- J Signaturd NORTH COUNTY TIMES Legal Advertising This space i a the County Clerk's Filing Proof of Publication of Notice of Public Hearing ....................... ....................... = OF PUBLIC HEARN LFMP %7~05(OllLFMF 1NAI I FM€R WA Y INOUSTR IK 1 a public hearing at the City Council Chambers, 1200 Carlsbac NOTICE IS HEREBY GIVEN that the City Council of the City of C, Carlsbad California, at 6 00 p m on Tuesday October 21, 19 approval of a Local Facilities Management Zone Amendmen boundary between Local Facilities Management Plan Zones 15 ar generally located South Of Cougar Way on the east and west sides within Local Facilities Management Zone 15 and more particularl A porlion of Parcel 1 of Parcel Map 10060, and a porti~ Lot B' Of Rancho Agua Hedionda all in the City of Car If YOU have any questions regarding this matter, please contact EI in the Planning Department at (760) 438-1161, extension 4471 If you challenge the Local Facilities Management Plan Amendments in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerks Office at, or prior to the public hearing APPLICANT Ron Lister dba Lister Construction CITY OF CARLSBAD CITY COUNCIL PALMER WAY INDUSTRI LFMP 87-O5( o)/LFMP Legal 51128 Oct 10 1997 .I 0 0 6. 2, * NOTICE OF PUBLIC HEARING LFMP 87-05(D)/LFMP 15(A) - PALMER WAY INDUSTRIAL PARK NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:Of p.m., on Tuesday October 21, 1997, to consider approval of a Local Facilities Management Zon Amendment to revise the boundary between Local Facilities Management Plan Zones 15 and on property generally located South of Cougar Way on the east and west sides of Palmer Wa within Local Facilities Management Zone 15 and more particularly described as: A portion of Parcel 1 of Parcel Map 10060, and a portion of Lot “B” of Rancho Agua Hedionda, all in the City of Carlsbad If you have any questions regarding this matter, please contact Elaine Blackburn, in the Plannir Department, at (760) 438-1161, extension 4471. If you challenge the Local Facilities Management Plan Amendments in court, you may 1 limited to raising only those issues raised by you or someone else at the public hearing describc in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Offic at, or prior to, the public hearing. APPLICANT : PUBLISH: October 10,1997 Ron Lister dba Lister Construction CITY OF CARLSBAD CITY COUNCIL '. @ PALMER WAY INDUSTRIAL PARK LFMP 87-05( D)/LFMP 15(A) (J ITA U - I-] q x 0 @ .. $1 . FAX TRANSMISSION DATE: October 3. 1997 TO: SUSAN LOY , NORTH COUNTY TIMES FAX: 76 1-0908 FROM: City Clerk’s Department PERSON PLACING AD: Sherrie Worrell, Deputy Citv Clerk Phone: (760) 434-2800 X 5 107 FAX: (760) 434-1987 NAME OF AD: Notice of Public Hearing Palmer Wav Industrial Park - LFMP 87-05(D)/LFMP 15CA) PLEASE PUBLISH THE FOLLOWING: Legal Ad X Display Ad Account No. L-5386 Account No. 5386 lx TIME(S) IN THE: Zone 3 (CarlsbadLa Costa) on Friday. 10/10/97 Size of Ad and/or Special Instructions: - 3 x 5 - Simple Border Ad with City Seal **PLEASE CALL TO ACKNOWLEDGE RECEIPT OF THIS AD** 760-434-2800 X 5 107 12!00 Carlsbad Village Drive Carlsbad, California 92008-1989 (760) 434-28 (Form A) 0 0 I (I 1 - TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE! PUBLIC NEARING REQUEST Attached are the materials necessary for you to notice LFMP 87-05(D)/LFMP 15(A) - Local Facilities Management Plan Zone Boundary Adjustment for the Palmer Way Industrial Park Project for a public hearing before the City Council. Please notice the item for the Council meeting of First Availab . i -I Thank you. September 30, 1 Date - ENClNlTAS SCHOOL DlST CARLSISAD UNlF SCHOOL DlST 801 PINEAVE 1 CIVIC CENTER DR 101 SO RANCHO SANTA 0 0 SAN MARCOS SCHOOL DlST CARLSBAD CA 92008 ' SANMARCOS CA 92069 €NCINITAS CA 92024 SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD ' ENClNlTAS CA 92024 CARLSBAD CA 92009 ENClNlTAS CA 92024 LEUCADIA CNTY WATER DlST 1960 LA COSTA AVE 0 LIVEN HA1 N WATER D I S' 1966 OLIVENHAIN RD VALLECITOS WATER DlST SD COUNTY PLANNING CITY OF ENClNlTAS 788 SAN MARCOS BLVD SUITE B 505 S VULCAN AVE SANMARCOS CA 92069 5201 RUFFIN RD ENClNlTAS CA 92024 SAN DIEGO CA 92123 CITY OF SAN MARCOS CITY OF OCEANSIDE CITY OF VISTA 1 CIVIC CENTER DR 300 NORTH COAST HWY PO BOX 1988 SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 VISTA CA 92085 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG SUITE 50 SUITE B SUITE 800 330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD 400 B STREET LONGBEACH CA 90802 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 I.P.U.A. LAFCO AIR POLLUTION CNTRL DlST SCHOOL OF PUBLIC AD 1600 PACIFIC HWY 9150 CHESAPEAKE DR , URBAN STUDIES SAN DIEGO CA 92101 SAN DIEGO CA 92123 SAN DIEGO STATE UNI\ SAN DIEGO CA 92182 (ABOVE ADDRESS - Council Notices Onl. CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD ENGINEERING DEPT COMMUNITY SERVICES MUNICIPAL WATER Dl: PROJECT PLANNER Elaine Blackburn e 0 e <J q CARLSBAD PROPERTY L L C GORDON B & JULIANA FOX 865 S FIGUEROA ST 1500 VIA ARC0 LOS ANGELES CA 90017-2543 PALOS VERDES ESTATES CA 90274- PALMER WAY PARTNERS WILLIAM T MIHOLICH 6634 VALJEAN AVE 4471 COASTLINE AVE VAN NUYS CA 91406-5816 CARLSBAD CA 92008-3669 CANAM PROPERTIES L L C BARBER 5850 AVENIDA ENCINAS A 2416 SONORA CT CARLSBAD CA 92008-4465 CARLSBAD CA 92008-2168 EBRISHT DOROTHY K ROBERT W DANIELS 5855 L3S MONAS 5720 EL CAMINO REAL CARLSBAD CA 92008-7133 CARLSBAD CA 92008-7201 CRAIG H & MEHLER NEILSON CARL R & KUN KOLKER 5751 PALMER WAY D 5751 PALMER WAY CARLSBAD CA 92008-7249 CARLSBAD CA 92008-7249 PALOMAR REPROGRAPHICS INC WILLIAM A & JOANNE WYMAN 5751 PALMER WAY G 5731 PALMER WAY B CARLSBAD CA 92008-7249 CARLSBAD CA 92008-7247 PAUL A. & ANDREW LAUBACH H E & PEARL GRIBBLE 5731 FALMER WAY F 3130 SUNNY CREEK RD CARLSBAD CA 92008-7247 CARLSBAD CA 92008-7138 RUSSELL W & MARY GROSSE MELCHIOR 1990 5850 SUNNY CREEK RD 942 BEGONIA CT CARLSElAD CA 92008-7144 CARLSBAD CA 92009-4808 LA COSTA LUTHERAbT CHURCH CHANG S & SEUNG RYU 6359 E'ASEO DEL LAG0 2902 MANAGUA PL CARLSBAD CA 92009-1309 CARLSBAD CA 92009-7105 PALOMAR INVESTMENT ASSOCIATES ALVIS 0 & PAULA EOFF PO BOX 230577 460 SAXONY RD ENCINITAS CA 92023-0577 ENCINITAS CA 92024-2724 0 a .. 1s 1 LEONARD M & LILLIAN SCHOLL KENNETH J & DOROTHY METZGAR 444 N EL CAMINO REAL 119 853 MORNING SUN DR ENCINITAS CA 92024-1316 ENCINITAS CA 92024-1935 DANIEL w GOLDEN DAVID F RUHNAU 1030 ROBIN HILL DR 3775 lOTH ST SAN MARCOS CA 92069-1118 RIVERSIDE CA 92501-3620 RUHNAU MANDANA CAL CO 3775 lOTH ST 4695 MACARTHUR CT 990 RIVERSIDE CA 92501-3620 NEWPORT BEACH CA 92660-1864 BECKMAN INSTRUMENTS INC IMPALA CARLSBAD PARTNERS LTD 2500 N HARBOR BLVD 12652 AMBERMEADOW ST FULLERTON CA 92835-2607 MOORPARK CA 93021-2749 *** 28 Printed *** I. I - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbac hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carls California, at 6:OO p.m. on Wednesday, September 3, 1997, to consider a request I t%!=-MmPJan,la VelOQFaaRt, - a- spe€t&- P- a- Local FacF-- to 4 deve.lspM-~# iKfkdu&lal &fii@pafk-On property generally located South of COI way on the east and west sides of Palmer Way within Local Facilities Manager Zone 15 and more particularly described as: A portion of Parcel 1 of Parcel Map 10060, and a portion Lot “B” of Rancho Agua Hedionda, all in the City of Carlsbad / Those persons wishing to speak on this proposal are cordially invited to attend public hearing. Copies of the staff report will be available on and after August 28, l! If you have any questions, please call Elaine Blackburn in the Planning Departmen (760) 438-1 161, extension 4471. --I 1- 2yy -J2, -c4*-y i b Gd/kLY9 I 1 1 CL-, L&&%*sJ,-2L * 4&eEkdi in court, you may be limited to raising only those issues you or some1 else raised at the public hearing described in this notice or in written corresponde delivered to the City of Carlsbad at or prior to the public hearing. If you challenge the\ T- CASE FILE: :LFMP 87-05(A)/LFMP 15(A) CASE NAME: PUBLISH: AUGUST 21, 1997 PALMER WAY INDUSTRIAL PARK CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-08 * .C' October 24, 1997 Mr. Ron Lister Lister Construction C/O 3365 Lakeview Terrace Escondido, CA 92029 Re: Palmer Way Industrial Park The Carlsbad City Council, at its meeting of October 21, 1997, adopted Resolution No. 97-645 approving a Local Facilities Management Plan Amendment for Zones 5 and 15 which include th adjustment of the zone boundary between LFMP Zones 5 and 15. As a courtesy, please find a copy of Resolution No. 97-647 for your files. c. b@RE -yL&iCE3LC hssistant City Clerk KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-281