HomeMy WebLinkAbout2005-03-01; City Council; 17996; Appeal Tentative Parcel Map Loker Business CenterCITY OF CARLSBAD -AGENDA BILL
AB# 17,996
MTG. 311 105
DEPT. CA
TITLE: RESOLUTION REMANDING THE APPEAL OF
TENTATIVE PARCEL MAP MS 04-04, LOKER BUSINESS
CENTER, TO THE CITY ENGINEER
RECOMMENDED ACTION:
DEPT. HD. I
CITY ATTY. @ I
CITY MGR. I
Adopt Resolution No. 2005-055
MS 04-04, Loker Business Center, to the City Engineer for further processing.
remanding the denial of tentative parcel map
ITEM EXPLANATION:
At its meeting of February 15, 2005, the City Council heard and considered the appeal of the
denial of appellant’s tentative parcel map, MS 04-04, Loker Business Center. After weighing
all arguments both for and against the appeal and having carefully deliberated on the matter,
the Council remanded the denial of the tentative parcel map to the City Engineer to complete
the necessary environmental reviews and to return to the Council for final action on the
appeal. The documents memorializing this decision are attached to this agenda bill and the
City Council should satisfy itself that they represent its correct intentions in the matter.
FISCAL IMPACT:
There will be a fiscal impact associated with the design, installation and construction of the
proposed signal which appellant estimated to be in excess of $500,000 and which appellant
has agreed to and will be conditioned to pay.
ENVIRONMENTAL REVIEW:
The project, the Loker Business Center, received environmental review without the proposed
signal. The matter is remanded to the City Engineer to complete the necessary
environmental review and to return after that to the City Council for final action on the appeal.
EXHIBITS :
1. Resolution No. 2005-055
Department Contact: Ronald R. Ball, 434-2891
RESOLUTION NO. 2005-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REMANDING THE APPEAL OF
CENTER TO THE CITY ENGINEER
THE TENTATIVE PARCEL MAP MS 04-04 LOKER BUSINESS
WHEREAS, the City Engineer preliminarily denied Minor Subdivision (MS
04-04) Loker Business Center by letter dated December 23, 2004 finding that:
o the tentative map was not in conformance with the approved Site
Development Plan (SDP 04-01) and was inconsistent with Title 21, Zoning, of the
Carlsbad Municipal Code and that the Tentative Map is not in conformance with the
approved Conditional Use Permit (CUP (04-01) and therefore not consistent with Title
21, Zoning,
o the proposed traffic signal, which necessitates a new intersection,
is not consistent with the Circulation Element of the General Plan, Section 1A in that the
proposed traffic signal intersection would have a negative impact on the safe and
efficient movement of people and goods within the City and would be in conflict with
policies and action plans to implement the California Clean Air Act and would be in
conflict with the street classification of prime arterial which prohibits access to adjacent
properties unless no other alternative exists,
o the proposed signal would likely cause significant environmental
impacts in the form of disruption of traffic flow on Palomar Airport Road and increased
air pollution,
o the proposed intersection and traffic signal was not included in the
project description, environmental impact assessment part 1 or part 2 and was,
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therefore, not analyzed and is not part of the Negative Declaration issued for the
project; and
WHEREAS, the Tentative Map was finally denied by letter from the City
Engineer on January 12, 2005 indicating that the appellant could appeal this matter to
the City Council within ten days of that decision; and
WHEREAS, the appellant did file a timely appeal with the City Clerk on
January 19, 2005, asserting as grounds for the appeal, that the minor subdivision was
considered acceptable except for the traffic signal, the City Engineer’s denial was
improper because appellant’s traffic projections indicate that allowing cross-traffic in
conjunction with a traffic signal will improve traffic flow now and through build out of the
City, that the disapproval was for off-site improvements which are not typically identified
on the site development plan or conditional use permit and that his opinion was that
potential environmental impacts resulting from the redesign of the existing “T-
intersections” to a single cross-intersection and installation of a traffic signal could not
be considered significant and would, in fact, improve traffic safety and air quality of the
project; and
WHEREAS, during the environmental impact assessment, which did not
include the installation of a traffic signal at the intersection of Loker Drive and Palomar
Airport Road, the impacts were evaluated using the SANDAG 2020 Study; and
WHEREAS, the appellant submitted to staff an analysis of the traffic
impacts using the 2030 SANDAG traffic report which, in appellant‘s opinion, concluded
the basis for a need for a signal at this location; and
WHEREAS, the appellant represented that it would pay for the entire cost
of the design, installation and construction of the proposed signal; and
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WHEREAS, the City Council held an appeal hearing at its meeting of
February 15, 2005 in accordance with Section 20.24.140 of Title 20 of the Carlsbad
Municipal Code; and
WHEREAS, the City Council considered the report and recommendation
by City staff, the documents and evidence submitted by appellant, the memorandum
from the City Attorney dated February 15, 2005, and testimony and arguments from
others interested in this appeal; and
WHEREAS, after full consideration and careful deliberation in this matter,
the City Council of the City of Carlsbad, finds as follows:
1. That the above recitations are true and correct.
2. The Council is favorably inclined to grant appellant‘s appeal and to find
that installation of a traffic signal at the intersection of Loker Avenue and Palomar
Airport Road is consistent with the Circulation Element of the General Plan and the
Zoning Ordinance of the City.
3. That the intersection spacing, although not in strict conformance with
engineering standards, is satisfactory for this location and will represent only one of
several locations throughout the City with intersections that do not conform to the exact
standard distances.
4. That appellant’s appeal cannot be granted outright because the
project, including the traffic signal, did not receive prior environmental review,
NOW, THEREFORE, the City Council orders as follows:
A. Appellant’s appeal is remanded to the City Engineer to conduct the
necessary and appropriate environmental impact assessment as required by the
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California Environmental Quality Act and Title 19 of the Carlsbad Municipal Code and to
return to this Council for final action on the appeal;
B. That appellant be conditioned to pay all costs associated with the
design, installation and construction of the proposed traffic signal; and
C.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
That appellant’s appeal fees be refunded.
Council of the City of Carlsbad held on the 1st day Of MARCH 1
2005 by the following vote, to wit:
AYES: Council Members Kulchin, Packard, Sigafoose
NOES: Council Member Lewis
ABSENT: Council Member
ATTEST:
- (SEAL)
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March 1,2005
TO: Mayor and City Council
FROM: City Attorney
ITEM NO. 9: MS 04-04, LOKER BUSINESS CENTER
Attached is the revised resolution remanding the appeal of the tentative parcel
map to the City Engineer in the above referenced agenda bill. The resolution in
your packet has an error in the third bullet point, which has been corrected as
shown on the redline.
The attached resolution corrects the error and is for your adoption.
RONALD P R. BALL
City Attorney
rm h
attachment
c: City Manager
City Clerk
(with attachment)
CITY OF CARLSBAD 1 CITYCLERKSOFFICE '
REDLINE
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REMANDING THE APPEAL OF
CENTER TO THE CITY ENGINEER
THE TENTATIVE PARCEL MAP MS 04-04 LOKER BUSINESS
WHEREAS, the City Engineer preliminarily denied Minor Subdivision (MS
04-04) Loker Business Center by letter dated December 23, 2004 finding that:
o the tentative map was not in conformance with the approved Site
Development Plan (SDP 04-01) and was inconsistent with Title 21, Zoning, of the
Carlsbad Municipal Code and that the Tentative Map is not in conformance with the
approved Conditional Use Permit (CUP (04-01) and therefore not consistent with Title
21 , Zoning,
o the proposed traffic signal, which necessitates a new intersection,
is not consistent with the Circulation Element of the General Plan, Section 1A in that the
proposed traffic signal intersection would have a negative impact on the safe and
efficient movement of people and goods within the City and would be in conflict with
policies and action plans to implement the California Clean Air Act and would be in
conflict with the street classification of prime arterial which prohibits access to adjacent
properties unless no other alternative exists,
o the proposed signal would likely cause significant environmental
impacts in the form of disruption of traffic flow on Palomar Airport Road and increased
air pollution fi,
o the proposed intersection and traffic signal was not included in
the project description, environmental impact assessment part 1 or part 2 and was,
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