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HomeMy WebLinkAbout1984-05-29; City Council; Resolution 76121 2 3 4 5 6 7 8 9 10 11 1: 2c 21 22 22 24 2E 2e 27 2E RESOLUTION NO. 7612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A RIGHT OF WAY ACQUISITION AGREEMENT FOR FARADAY ROAD BETWEEN THE CITY OF CARLSBAD AND BECKMAN INSTRUMENTS, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Carlsbad and Beckman Instruments, Inc. have reached an agreement regarding the right-of-way acquisition for Faraday Road NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad as follows: 1. That certain agreement between the City of Car of sba' and Beckman Instruments, Inc., for the right-of-way acquisition for Faraday Road is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of thl City Council of the City of Carlsbad, California, held on the 29th day of May , 1984, by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick anc Prescott NOES: None ABSENT: None ATTEST : BECKMAN INSTRUMENTS, INC. AND CITY OF CARLSBAD RIGHT OF WAY AGREEMENT This agreement is made this day of I 1984 by and between the City of Carlsbad, a municipal corporation ("City") and Beckman Instruments, Inc., a corporation doing business in the City of Carlsbad ("Beckman"). In consideration of the covenants contained herein City and Beckman agree as follows: RECITALS WHEREAS, Beckman owns and conducts operations on a triangular shaped parcel of land in the City generally located east of El Camino Real and north of Palomar Airport Road as shown on the plat marked Exhibit A, January 25, 1984, attached hereto and made a part hereof; and WHEREAS, Beckman contemplates obtaining a site development plan from City to allow for the construction of additional facilities on the portion of their property denominated "north campus" generally located to the north of the future extension of Faraday Avenue as shown on Exhibit A; and WHEREAS, the City of Carlsbad has determined that it is necessary and in the public interest to acquire the right of way for and construct an extension of Faraday Avenue from its present terminus across the Beckman property as shown on Exhibit A; and WHEREAS, Beckman and City have reached an agreement whereby Citywill acquire the necessary right of way for Faraday e Avenue from Beckman. In lieu of making any payment for the acquisition of that right of way City will construct certain - improvements on and adjacent to the Beckman property and take other actions to facilitate Beckman's development of their property . NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Beckman agree as follows: 1. Beckman will deed to the City, free of all liens and encumbrances, an 84 foot wide parcel for street, public utility and other public purposes for Faraday Avenue across their property from the existing end of the road to the easterly boundary of Beckman's property as shown on Exhibit A. Beckman will also dedicate, free of all liens and encumbrances, a 30 foot wide easement for landscaping purposes on each side of said right * of way as shown on Exhibit A. 2. Beckman will dedicate to the City, free of all liens and encumbrances, an eight foot wide easement on their property along its frontage with El Camino Real for street and public utility purposes as shown on Eakibit A. Beckman will also dedicate, free of all liens and encumbrances, an additional 30 foot wide easement for landscaping along said frontage as shown on Exhibit A. lim *The exact alignment of Faraday Avenue is to be approved by Beckman prior to commencement of construction thereof. 2. 3. The dedications provided for in paragraphs 1 and 2 of this Agreement will be accomplished by Beckman as a part of a new parcel ._ map for the property. the parcel map showing Beckman's north and south campuses as separate parcels. The City and Beckman will use their best The City will prepare and file efforts to accomplish the recordation of this parcel map as soon as possible in order that the rights of way necessary for the improvements on Faraday Avenue and El Camino Real can be secured in the City's name prior to the award of the contract by the City for these improvements. 4. City at its cost and expense will construct street improvements to City standards on Faraday Avenue from the present terminus of Faraday to the eastern boundary of Beckman's property as shown on Exhibit A. Said improvements will include any necessary utility relocations as well as the construction of fire hydrants, street lights, curb, gutter and sidewalk, and street pavement . Said improvements will also include three driveways, and two four inch conduits across Faraday Avenue and the adjacent landscaped areas in locations to be provided by Beckman. Beckman agrees to promptly designate these locations when requested to do so by City. City agrees to commence construction of Faraday Avenue within one year of the date of this Agreement. ** 5. City at its cost and expense will install landscaping to City standards on the north side of Faraday Avenue as a part of the road construction. side of Faraday will be installed by City when a building is **and diligently work to complete construction. Landscaping on the south 3. constructed on Beckman's south campus . The landscaping will be completed prbr to occupancy of the building. F- 6. - City will use its best efforts to obtain approval from San Diego County for access by Beckman to the road to be constructed along Beckman's east property line between Faraday and El Camino Real. 7. City at its cost and expense will install a traffic signal on Faraday Avenue at its intersection with the proposed City-County road along Beckman's east property line. Said signal will be installed by the City when the traffic warrants are met for that intersection. 8. City at its cost and expense will install street improvements on the east half of El Camino Real along the frontage of Beckman's property for a distance of approximately kUTJALS ,820 feet. Improvements will include median, curb, street avement , street lights ,Aan8 landscaping necessary to bring the B oad to City standards. City also agrees to construct a driveway .:" $ fire h drants, to provide access from El Camino Real to Beckman's south campus. City agrees to construct the improvements prior to occupancy of the first building constructed on the south campus. 9. City will iniLtiate the required public hearings and use its best efforts to accomplish the vacation of a 30 foot easement along Beckman's north property line consisting of approximately 44,000 square feet of land as shown on Exhibit A and a 52 foot by 230 foot easement consisting of approximately 12,000 square feet as shown on Exhibit A. 4. 10. The City Council hereby rescinds the requirement that Beckman acquire and dedicate a 20 foot strip of land on the east end of the parcel owned by the Palmer Estate which was c required as a condition of a previously approved site development plan for the north campus. 11. Beckman will promptly process a site development plan for the remaining development of the north campus. The conditions of approval for this plan to be recommended by the City Manager are set forth in the draft Planning Commission Resolution marked Exhibit B, attached hereto and made a part hereof. 12. City will install and maintain a temporary access road to Beckman's parking lot during the construction period for Faraday Avenue as generally shown on Exhibit A. This agreement is executed on the day of I 1984. CITY OF CARLSBAD 1984, beforc DOLORES C. LEPORA the undersigned Notary Public, personally appeared - G. F. KILTJIAIN @ personally known to me 0 proved to me on the basis of sattsfactory evidence r I to be the person(s) whose name(s) subscribed to the I within instrument, and acknowledged that executed it. I DOLCXS C LEPORA OPANGE COUNTY IJOlARY PUB:-IC CAI 'FdRNIA + - lit r7 My comnt expires AVC: 25, I984 ---..hc - G-G-7 \< d ', ++ A GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION 23012Ventura Blvd Woodland Hills CA91364 vice President - Finance 7 5. 3oeep0RCODFiVE cARsBL\D.caseooefmsl719 92 8 RICK ENGINEERING CO L ? 1 2 3 4 5 e 7 E s I( 11 1: 1: 11 11 1( I' 1, 2( 2: 2; 2: 2( 2 2 2l 2' EXHIBIT B 9 PLANNING COMMISSION RESOLUTION NO. 'A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YCARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN NO. 80=1(A), TO ALLOW FOR THE CONSTRUCTION OF AN INDUSTRIAL BUILDING ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL TO THE NORTH OF THE FUTURE EXTENSION OF FARADAY AVENUE. APPLICANT: BECKMAN INSTRUMENTS CASE NO: SDP 80-1(A) WHEREAS, a verified application has been filed with the lity of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request LS provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, provisions of the Municipal code, :he Planning day of I 1984, described as: A portion of Lot "B" of Rancho Agua Hedionda according to Map thereof No. 823 filed November 16, 1896; WHEREAS, at said hearing, upon hearing and considering all :estimony and arguments, if any, of all persons desiring to be ieard, said Commission considered all factors relating to Site 3evelopment Plan No. 80-1(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission of the City of Carlshad as follows: :A) That the foregoing recitations are true and correct. ;B) That based on the evidence presented at the public hearing, the Commission APPROVES SDP 80-1(A), based on the following findings and suEject to the following conditions: ? ind ing s : 1) The project is consistent with the City's General Plan since the site has been designated for industrial development by the Land Use Element of the General Plan. i 1 2 3 4 F: E 7 I s 1( 1: 1: 1: 14 11 I( 1' 1' 1 2 2 2 2 2 2 2 2 2 The site is physically suitable for the type and density of the development shce the site is adequate in size and shape to qFcomodate the proposed commercial develpment as stated in the staff report. The project is consistent with all City public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project; insured that the building permits will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this project . b) All necessary rovements have been provided or will be requir onditions of approval . The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. c) The proposed project is compatible with the surrounding future development since surrounding properties to the north, west and south are being or have been designated for industrial development. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on the Planning Commission on . and approved by Conditions : 1) Approval is granted for SDP 80-1 (A), as shown on Exhibit(s) , dated , incorporated reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. //// ///I PC RES0 NO. -2- This project is approved upon the express condition that building permits will not be issued for development of the subjjct property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map . This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated August 20, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Water shall be provided by the City of Carlsbad in accordance with the water service agreement with Costa Real Municipal Water District dated May-25, Land Use Planning The applicant shall mylar of the final site plan incorporating the conditions contained herein. Said site plan shall-be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits . All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All roof appurtenances, including air conditioners shall be architecturally integrated and shielded from view and the sound buffered by a screen equal in height to the appurtenance. The project shall. attempt to develop a ride to work and home program for its employees with the North County Transit District . PC RES0 NO. -3- actrrorr B I ,* . I. 4 5 6 7 a 9 IC 11 12 12 14 1E 15 2c 21 22 24 2: 2c 2; 2E All parking areas shall maintain a 30 foot setback from Fareday Avenue and Palmer Drive. The applicant shall langscape the setback area off of P,almer Drive in accordance with the Carlsbad Landscape Guidelines manual to the satisfaction of the Director of'Parks and Recreation. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. A uniform sign program for this development shall be submitted to the Land Use Planning Manager for his review and approval prior to occupancy of any building. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager . All lighting for 'both and the proposed new development shall be arran reflect away from adjacent properties. The maximum allowable rior noise level generated by this project shall not exceed sixty-five Ldn as measured at the property line. Noise caused by motor vehicles traveling to and from the site are exempt from this standard. Parking shall be provided for this use as follows: Office Uses: 1 space/300 sq, ft. of gross floor area. Industrial Uses: 1 space/800 sq. ft. of gross floor area. Engineer ins 19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 20) The developer shall install improvements on Palmer Way in conformance with City of Carlsbad Standards, These improvements shall include streetlights, street trees and sidewalks and shall be constructed prior to the occupancy of any new buildings on the site. 21) A drainage plan shall be shown on the site development plan subject to review by the City Engineer. Fire 22) Prior to the issuance of building permits, complete building - plans shall be submitted to and approved by the Fire Department. 23) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall. PC RES0 NO. -4- EXHIBIT B 2, ,- 1 2 3 4 5 6 7 9 IC 11 li 12 14 1: 1C 1: 2( 2: 2: 2: 24 2! 21 14) !5) !6) !7) !8) 29 1 The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on Eite roads and drives subject to the approval of the Fire Marshall. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. All driveways shall be extended to within 150 feet of all building. All fire alarm system automatic sprinklers, project shall be submitted to the Fire Department for approval prior to construction. Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. portions of the the first story of any extinguishing systems, pertinent to the PASSED, APPROVED AND ADOPTED at a regular meeting of the ?lanning Commission of the City of Carlsbad, California, held on :he day of , 1984, by the following vote, to Irit: ATTEST: AYES: NOES : ABSENT: ABSTAIN : MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER JERRY ROMBOTIS , Chairman CARLSBAD PLANNING COMMISSION PC RES0 NO. -5- acrrfBrr 0 ,.. 1- .. 6 BECKUN 0 CARLSB.AD SOUTH . ** . .I a .. EXHIBIT B I