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.
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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:
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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
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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)
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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:
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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.
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PC RES0 NO. 4 17 1 -2-
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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
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@
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
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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