HomeMy WebLinkAbout1985-10-15; City Council; Resolution 82161
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RESOLUTION NO. 8216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 85-5 FOR PHASE I OF MP-175
TO ALLOW CONSTRUCTION OF A LAW SCHOOL, AN OFFICE BUILDING AND TWO RESEARCH AND DEVELOPMENT BUILDINGS
AND 129 RESIDENTIAL UNITS ON PROPERTY GENERALLY
LOCATED ON BOTH SIDES OF WINDROSE CIRCLE JUST NORTH OF BATIQUITOS LAGOON.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NO,: SDP 85-5
WHEREAS on September 11, 1985, the Carlsbad Planning
Commission adopted Resolution No, 2487 approving SDP 85-5; and
WHEREAS, the City Council of the City of Carlsbad, on
October 1, 1985 held hearings to consider the recommendations anc
heard all persons interested in or opposed to Site Development
Plan No. 85-5; and
WHEREAS, an environmental impact report for this projec
was certified by the City Council on October 1, 1985 in
compliance with the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1980 and the California
Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings and conditions of the Planning
Commission contained in Resolution No. 2487 constitute the
findings and conditions of the City Council in this matter.
Development Plan No. 85-5 is approved subject to the conditions
of Planning Commission Resolution No. 2487,
Sit
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C. That Site Development Plan No. 85-5 together with
the provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Site Development Plan No. 85-5 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2487, dated
September 11, 1985 marked Exhibit A, attached hereto and made a
part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on tht
15th day of October , 1985 by the following vote, to wit:
AYES :
NOES: None
ABSENT: None
Council !%n-bers Casler, Lewis, Kulchin, Chick and Petthe
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MARY H. ,,$ASLER, Mayor
ATTEST :
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PLANNING COMMISSION RESOLUTION NO. 2487
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PHASE I OF MP-175 TO ALLOW CONSTRUCTION OF A LAW SCHOOL,
~ BUILDINGS AND 129 RESIDENTIZUL UNITS ON PROPERTY GENERALLY LOCATED ON BOTH SIDES OF WINDROSE CIRCLE JUST NORTH OF
APPLICANT: BATIQWITOS LAGOON EDUCATIONAL PARK
CASE NO. : SDP 85-5
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN FO
- . AN OFFICE BUILDING RND TWO RESEARCH AND DEVELOPMENT
BATIQUITOS LAGOON.
WHEREAS, a verified application has been filed with the
City of Carlsbad, and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request 2
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the MunicipaS, Code,
.. . . ..
the Planning Commission"on :the .llth day of :Septeker, ''1985,-
r considered said request on property described as:
All of lots 1, 2, 3, and 4 of Parcel Map Number 13653, together with a portion of the west half of Section 33, Township 12 South, Range 4 West, San Bernardino Base
Meridian, all in the City of Carlsbad, County of San Diego, State of California.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to Site
Development Plan No. 85-5.
NOW, THEREFORE, Be IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) : That based on the evidence presented at the hearing,
' Commission APPROVES SDP 85-5, based on the following findings
the
and subject to the following conditions:
EXHIBIT A
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Findinqs:
The project is consistent with all City public facility pol- icies and ordinances since: .'
a). The Planning Commission has, by inclusion of an appropri? - condition to this project, insured building permits will
not be issued for the project unless the City Engineer determines that sewer service is avail e, and building
cannot occur within the project wer service
remains available, and the Plann that the requirements of the Public Facilities Element o
the General Plan have been met insofar as the:( apply to sewer service for this project.
b) The Carlsbad School District has written a letter, dated
September 10, 1985, stating that school facilities will '
available to this project.
c) Park-in-lieu fees are required as a condition of approva
d) All necessary public imp-rovements have been provideb'or ..
The applicant has agreed and is required by-the inclusio of an appropriate condition to pay a public facilities f
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 Genera Plan.
will be requifed- as. ::;onditions of approval. -_
e)
The proposed project is consistent with the Carlsbad Zoning Ordinance and the Batiquitos Lagoon Educational Park Master Plan (MP-175).
The proposed project is compatible with the surrounding futu
land uses since surrounding properties are designated for residential development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Decla
Use Planning Manager on August 24, 1985 and approved by the
Planning Commission on September 11,
ion has been issued by the IJZ
1985.
Conditions:
1) proval is granted for SDP 85-5, as Exhibits "A" - "G" , dated September 6, 1985, inc d by reference i
on file in the Land Use Planning Off velopment shall occur substantially as shown unless wise noted in thest
conditions.
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NO. 2487
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This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is availabl
to serve the subdivision.
T'his project is approved upon the express condition that
building permits will not be issued for development of the subject property unless the City Engineer determines that sew€
facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy.
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cit
Council Policy No. 17, dated April 2, 1982, on file with the
City Clerk and incorporated herein by reference, and accordin5
to the agreement executed by the applicant for payment of saic
fee, a copy of that agreement, dated September 9, 1985, 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 thig
Approval 04 this request shall not excuse compliance with all sections of the Batiquitos Lagoon Educational Park Master Plai all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance
project shall be void. - I -. ...
Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
Land Use Planning:
7) The applicant shall prepare a reproducible mylar of the final site plan incorpqrating the conditions contained herein. Saic site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
8) The applicant shall establish an Master Educational Park
Association for Phase I and corresponding covenants, conditio
and restrictions. Said CC&R's shall be submitted to and
approved by the Land Use Planning Manager prior to final map
approval.
The applicant shall prepare a detailed landscape and irrigati 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.
9)
10)
11) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris by the Master Educational Park Association.
PC RES0 NO. 2487 -3-
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20) The grading for this project is defined as "controlled grading'
by Section 11.06.170(a) of the arlsbad Municipal Code.
Grading shall be performed und the observation of a civil 'engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
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Any signs proposed for this development shall be designed in
conformance with Plan MP-175 nd shall require review
and approval of t d Use Planni Manager prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards.
of said receptacles shall be approved by' the Land Use Plannins
Manager.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction 01
the Land Use Planning Manager and Building and Planning
Director.
The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-,
trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The
bench and pole shall be designed in a manner so as to rdt
detract from the basic- architectural' theme. of 'the .project and
said design shall be subject to khe approval of the Land Use'
Planning Mafiager and North County Transit District.
Location
All development upon this property shall have to comply with
the general and specific development standards and the public facilities phasing requirements of the Batiquitos Lagoon
Educational Park Master Plan.
The proposed law school must be constructed and operating
prior to the issuance of building permits for the other
proposed office and research and development facilities.
All residential development in Phase I shall be processed according to Chapter 21.45 of the Municipal Code (PD
Ordinance).
//I/ PC RES0 NO. 2487 -4-
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Upon completion of grading, the developer shall ensure that an
"as-graded'' geologic plan shall be submitted to the city
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contou map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
No grading shall occur outside the limits of the project unles
a letter of permission is obtained from the owners of the affected properties.
All slopes within this project shall be no steeper than 2:l.
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PC RES0 NO. 2487
The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the Cit Engineer.
shown and specified on= the grading plan and shall be -
constructed to the satisfaction o'f the City Sngineer prior <o
the start of any other 'grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a perioc
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineers
The basins and erosion control meaqures shalfbe
Additional drainage easements and drainage structures shall bc provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi-
neer.
Prior to approval of grading plans for this site, a drainage basin study shall be submitted to and approved by the City
Engineer, said study shall incorporate detailed plans for desiltation of this basin, including maintenance of facilitie proposed.
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The developer shall construct desiltation/detention basins of
type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond
satisfactory to the City Engine prior to the approval of any
grading or building permit for s project. Each desiltation basin shall be serviced by an all-weathe ccess/nlaintenance
provisions of this agreement 11 apply to any rrow sites which may be utili2 in the construction
of this project as required by the City Engineer.
The owner of the subject property shall execute a hold harmles
agreement regarding drainage across the adjacent property pric
to approval of any grading or building permit for this
project.
The developer shall make an offer of dedication to the City fc
all public streets and easements' required by these! conditions
or shown on the Site Development Plan. The offer shall be mad
prior to issuance of any building permit for this project. AI land so offered shall be granted to the City free and clear oi
all liens and encumbrances and without cost-to the city,::'.
Streets that are already public are not r.equired t.o-be- rededicat::d.
Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer
before the issuance of any building permit. The developer
shall obtain approval of the plans from the City Engineer and
pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install
said improvements to the satisfaction of the City Engineer
prior to issuance of a Certificate of Occupancy or occupancy (
any portion of the project for any purpose. The improvements
are:
a) Avenida Encinas, as a secondary arterial, full width to Windrose Circle.
b) Windrose Circle, as a secondary arterial, full width from Avenida Encinas to the westerly boundary of Phase I.
c) Median system for Avenida Encinas, and Windrose Circle subject to approval of the City Engineer.
The developer shall install street lights along all public an(
private street frontages in conformance with City of Carlsbad
Standards
The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
PC RES0 NO. 2487 -6 -
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The developer shall install meandering sidewalks along all
public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings, or to the
satisfaction of the City Engineer.
The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with Cit
of Carlsbad Standards prior to occupancy-of any buildings.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies regarding services to the project.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map.
The design of all private streets and drainage systems shall k
approved by the City Engineer prior to issuance of any gradipg or building permit for this project. The structural section c
all private streets shall conform to City of Carlsbad Standard
based on R-value tests. All privbte streets and drainage
systems shall be inspected by the city, and- the standard
improvement plan check and inspection fees shall be paid prioi
to issuance of any building or grading permit for this
project.
All private streets and drainage systems shall be maintained t
the homeowner's association in perpetuity. This responsibilit
shall be clearly stated in the CC&R's.
All private driveways shall be kept clear of parked vehicles E all times, and shall have posted "No Parking/Fire Lane Tow AWE
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
The applicant shall agree to utilize reclaimed water, in Type
form, on the subject property in all common areas as approved
by the City Engineer.
Irrigation systems to accommodate future reclaimed water shall
be designed consistent with Title 17 of the California State Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installatior of adequately sized sleeves at crossing points to minimize street excavation.
Some improvements shown on the Tentative Map and/or required 1
these conditions are located offsite on property which neithei the City nor the subdivider has sufficient title or interest - permit the improvements to be made without acquisition of tit: or interest. The subdivider shall conform to Section 20.16.0:
of the Carlsbad Municipal Code.
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PC RES0 NO. 2487 -7 -
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All plans, specifications, and supporting documen improvements of this project shall be signed and
Engineer in responsible charge of the work. Each
be signed and sealed, except that bound documents
and sealed on their first page. Additionally the
of each set of plans shall have the following cer
:ts for sealed
. sheet
may be
first
ti f icat
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is consistent with current standards.
I understand that the check of project drawings arid
specifications by the City of Carlsbad is confined to a revie\
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
I Firm:
Address:
City, St. :
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Telephone:
BY
(Name of Engineer)
R-CeE. NO. #
Date:
developer shall provide the City with a reproducible mylaz of the site plan as approved by the Planning Commission.
shall reflect the conditions of approval by the all be submitted to the City Engineer
prior to impr an submittal.
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I LOCATION MAP EXHIBIT A
\ PUD-90 --_-
SDP 85-5
EIR 84-3
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
planning Commission of the City of. 'Carlsbad, California, held on
the 11th day of September, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: L'Heureux,
Marcus, Smith and Hall.
NOES : None.
ABSENT: Commissioners Rombotis and McFadden.
ABSTAIN : None.
CLARENCE SCHLEHUBER, Cnairman
ZARLSBAD PLANNING COMMISSION
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.- ATTEST:
LAND USE PLANNING MANAGER
'C RES0 NO. 2487 -9 -