HomeMy WebLinkAbout1986-06-03; City Council; Resolution 85871
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RESOLUTION NO. 8587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 67 LOT INDUSTRIAL
TENTATIVE TRACT MAP (CT 85-24) ON 365 ACRES ON
PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL
AND NORTH OF PALOMAR AIRPORT.
APPLICANT: CARLSBAD RESEARCH CENTER
CASE NO: CT 85-24
WHEREAS, on November 13, 1985 the Carlsbad Planning
Commission adopted Resolution No. 2508 recommending to the City
Council that Tentative Tract Map (CT 85-24) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
May 13, 1986 held a public hearing to consider t.he
recommendations and heard all persons interested in or opposed t<
Tentative Tract Map (CT 85-24); and
WHEREAS, the environmental review for said Tentative
Tract Map was completed in conjunction with a previous project, (
Notice of Prior Compliance was filed by the Land Use Planning
Manager on October 5, 1985 in compliance with the requirements ol
the City of Carlsbad Environmental Protection Ordinance of 1980
and the California Environmental Quality Act;
NOW, THEREFOREY 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 of the Planning Commission in
Resolution No. 2508 constitute the findings of the City Council
in this matter with the exception of the following additional
finding:
"7. The subdivider is required as a condition of
approval of this subdivision to construct off-site public
improvements the cost of which exceeds $100,000. Therefore, by
operation of Government Code Section 66452.6(a) upon the filing
of each final map authorized by the tentative map and this
approval the tentative map will be extended for an additional
36 months."
C. That tentative tract map CT 85-24 t.ogether with the
provisions for its design and improvement and subject to the
conditions of this resolution, are consistent with all
applicable general and specific plans of the City of Carlsbad.
D. That subdivision CT 85-24 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. 2508 dated November 13, 1985
marked Exhibit A attached hereto and made a part. hereof with the
following exceptions:
1. Delete condition No. 54.
2. Add condition No. 33(e) to read as follows:
"33(e) The redesign of Street "Q" northerly to
serve the adjacent property."
3. Add condition No. 54(a) to read as follows:
"54(a) In order for Koll to be in compliance with
the Master Sewer Plan, they must ultimately make! connection with
the South Aqua Hedionda Trunk Line. Prior to final map,
developer must either post a completion bond or actually
construct the work required."
4. Add condition No. 4(a) to read as follows:
"4(a) Prior to approval of the final map,
developer must sign an agreement to pay future bridge and
thoroughfare distrist fees .Iv
5. Condition No. 37 is amended by the addition of the
following language :
"The subdivider shall not be required to bond for
the off-site portion of this street. A note shall be placed on
the final map providing that building permits will not be issued
for lots 92 through 109 until Faraday Avenue is actually
constructed or the construction is otherwise gualranteed .'I
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
6. Add condition No. 37(a) to read as follows:
"37(a) Developer will be required prior to final
map to sign an agreement to pay possible future traffic impact
fees that will be generated as a result of mitigating traffic
problems including, but not limited to Faraday a.nd El Camino
Real and Palomar Airport Road and College."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
3rd day of June , 1986 by the following vote, to wit:
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Cle k 9
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PLANNING COMMISSION RESOLUTION NO. 2508
A RESOLUTION OF THE PLANNING COMMISSION OF THE
LOT .INDUSTRIAL TENTATIVE TRACT MAP ON :365 ACRES
CAMINO REAL AND NORTH OF PALOMAR AIRPORT.
APPLICANT: CARLSBAD RESEARCH CENTER
CASE NO: CT 85-24
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 67
- ON PROPERTY GENERALLY LOCATED ON THE WEST OF EL
WHEREAS, a verified application for certain property, to
rit:
A portion of Lots F & G of Rancho Agua Hedionda, part in
the City of Carlsbad and part in the unincorporated area
of the County of San Diego, State of California,
according to the Partition Map thereof No. 323, filed in the Office of the County Recorder of San Diego County,
November 16, 1896,.
las been filed with the City of Carlsbad, and referred to the
llanning Commission; and
WHEREAS, said verified application constitutes a request
s provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on 'the 23rd day of
ctober, 1985 and on the 13th day of November, 1985, hold a duly
oticed public hearing as prescribed by law, to consider said
equest; and
WHEREAS, at said public hearing, upon hearing and
onsidering all testimony and arguments, if any, of all persons
esiring to be heard, said Commission considered! all factors
elating to the Tentative Tract Map and Planned Unit Development;
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NOW, THEREFORE, BE IT HEREBY RESOLVED bly the Planning
ommission as follows:
A) That the fQregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby APPROVES CT-85-24, based on the
following findings and subject to the following conditions:
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Findings:
The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate residential development at the density pro-
posed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusiion of an appropriate condition to this project, ensured that the final map 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 i
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 public improvements have been provided or
will be required as conditions of approval .
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c) 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 publlic facilities will
be available concurrent with need as required by the
General Plan.
The proposed project is compatible with thle surrounding land
uses for the reasons stated in the staff report.
The project has been previously considered in con junction wit1
previously certified environmental documents and, therefore, no additional environmental review was required. A Notice of
Prior Compliance was issued on October 5, 1985.
The proposed subdivision is consistent with the City's
General Plan and with SP-l8O(A) approved on this site for the reasons stated in the staff report.
The design of the subdivision and type of improvements will
not conflict with easements for public use or public access through the subject property.
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conditions :
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Approval is granted for CT 85-24, as shown on Exhibit "A", -dated October 3, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
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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 available to serve t:he subdivision.
I 1 maintenance district if approved by the Cit.y Council. Said
association or maintenance district shall be responsible for
This 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 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
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated May 6,
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 this project shall be void,
the City Clerk and incorporated herein by reference, and -_
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 prmit issuance,
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I I 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, I 'free from advertising, and a pole for the bus stop sign. The
bench and pole shall be designed in a manner so as to not ! detract from the basic architectural theme of the project and I said design shall be subject to the approvall of the Land Use Planning Manager and North County Transit D.istrict specifically at the corner of College Boulevard and Faraday
Avenue. I
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0) Building identification and/or addresses sh(al1 be placed on all ' new buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color.
1) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the
- condition complies with all requirements of law.
2) Each mini-park shall be developed in accordance with SP-180 (AT and shall be installed at the time the lot on which it is located is developed. Said mini-parks shall be designed to promote a degree of privacy through the use of berming, landscaping and planters.
shall be submitted for approval by the Land Use Planning Manager at the same time development plans are submitted for the entire lot.
A detailed design of the mini-park
3) Lots 97 - 100 inclusive shall be limited to office uses and shall be developed according to SP-lSO(A).
4) Exterior lighting an all lots shall be designed and constructed so as not to reflect light or glare on neighboring residential properties.
ngineerinq Conditions:
5) Pretreatment of the sanitary sewer discharge from this project is required. In addition to the requirements for a sewer connection permit, the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste discharge permit concurrently with the building permit for this project. No Certificates of Occupancy for the project will be issued before the industrial waste discharge permit application requirements have been met, all applicable fees paid and the permit issued.
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engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with
the approved grading plan, submit requiredl reports to the City
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The developer shall. obtain a grading permit prior to the commencement of any clearing or grading of the site.
a) The dentention basin as shown on Improvement Plan Drawing
No. 212-8 shall be constructed and in place prior to grading , activity of any portion of this site. An interim upstream I basin may be permitted to facilitate construction activity for' a period not greater than 90 days. b) Each lot shall be graded to incorporate an individual desiltation concept, in addition, each phase of grading activity shall include a desiltation basin to be installed prior to commencement of construction activity.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site' if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the C!ity Engineer for the proposed haul route. The developer shall. comply with all conditions and requirements the City Engi.neer may impose with regards to the hauling operation.
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I The developer shall exercise special care dluring the construction phase of this project to prevent any offsite siltation. The developer shall provide erolsion control -measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City’ Engineer prior to 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 period of time satisfactory to the City Engineer and shall guarantee
I their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City , Engineer. i I t Additional drainage easements and drainage structures shall be provided or installed as may be required by’ the County Department of Sanitation and Flood Control or the City Engi- neer . i
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The developer shall provide for offsite drainage easements ie. j necessary to serve this subdivision.
I The developer shall pay the current local dlrainage area fee 1 prior to approval of the final map for this project or shall
Drainage Plan and City of Carlsbad Standards as required by the! construct drainage systems in conformance with the Master I
City Engineer . I
The developer shall construct desiltation/d,etention basins of a 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 Engineer prior to the approval of the final map for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to1 any offsite borrow sites which may be utilized in the construction of this project as required by the City Engineer.
The owner of the subject property shall execute a hold harmlessl agreement regarding drainage across the adjacent property prior. to approval of the final map for this project. I
The developer shall make an offer of dedica-tion to the City for: all public streets and easements required by these conditions or shown on the tentative map. All land sol offered shall be granted to .the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
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Direct access rights for all lots abutting College Boulevard shall be waived on the final map.specifically: the right-turn-in only for Lot 65 is not approved. -of College Avenue at time of planned industrial permit may allow right-turn-in only from College Avenue subject to the approval.of the Planning Commission.
Further design
Access driveways (which shall be considered intersections)
shall be no greater than as shown on tentative map. In some cases, as lots are developed some access points may be further j restricted, or shared with adjacent lots, No specific access points are guaranteed by approval of this subdivision, a note I to this effect shall be placed on the final map.
Plans, specifications, and supporting documtents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the first map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
a) All streets and utilities for each phase, as shown on the tentative map for this project,
College Boulevard, College Boulevard and Faraday Avenue and Cdllege Boulevard/Palomar Airport Road (if one does
not already exist).
Road full width as a major arterial, including median.
south along the frontage of this project.
b) Fully actuated traffic signals for El Camino Real and -_
c) College Boulevard from El Camino Real to Palomar Airport
d) El Camino Real including necessary transitions north and
Street "T" shall provide primary access to the adjacent
this street shall be submitted to and approved by the City Engineer prior to final map approval. One foot wide "Blocker Strips" shall be provided at the end of all dedicated streets which abut undeveloped land.
property east of this subdivision. A feasible extension of 1
Improvements listed above shall be constructed within 12 months, of- final map approval and/or improvement plan approval, whichever occurs first.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map,
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I i Prior to issuance of building permits for Lots 92 through 109, Faraday Avenue shall be connected westerly to an improved, publicly maintained road (Cannon Road) . Prior to improvement plan approval of this Phase, a feasible extension of Faraday Avenue to Cannon Road shall be provided. Other
could be submitted for approval by the City Engineer and the
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' options 'for an additional access for Faraday to go through I
Planning Director. I
The developer shall install street lights along all public and ; 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.
The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior
to occupancy of any buildings.
The developer shall install a wheelchair raimp at the public street corner abutting the subdivision in clonformance with City 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.
Should the developer decide to final map and develop phases out of numerical sequence with the approved phasing as shown on the tentative map all conditions required of the preceding phases
shall be completed unless otherwise approved by the City Engineer and the Planning Director.
All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner s (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
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 l~y the installation of adequately sized sleeves at crossing points to minimize street excavation.
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Some improvements shown on the tentative map and/or required by these conditions are located offsite on .]property which neither the City nor the subdivider has sufficient title or -interest to permit the improvements to be made without acquistion of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following certificate: .I
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Tdork 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 and
review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address :
specifications by the City of Carlsbad is confined to a -
Telephone:
BY
(Name of Engineer)
R.C.E. NO. #
Date:
The developer shall provide the City with a reproducible mylar copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect: the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to improvement plan submittal and shall be j 24" x 36" in size and of a quality and material satisfactory to/
the City Engineer. I i
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I Prior to recordation of any final map for this development approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the -area shown within the boundaries of the tentative map into the existing City of Carlsbad Street Lighting and Landscaping District. No. 1 .
months from the date of City Council approval unless a final map is recorded. applicant. discretion of the City Council. City Council may impose new conditions and may revise existing conditions. 1
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Approval of this tentative tract map shall expire twenty-four 1 I
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An extension may be requested by the
Said extension shall be approved or denied at the In approving an extension, the!
The developer will offer for dedication the thirty acre reservoir/site shown as Lot 110. The 12.1 acre water reclamation plant site shown as Lots 102 anld 110 shall be reserved. Until complete release of bond for dedicated improvements adjacent to Lots 102, 103 and 110, but in any event no longer than July 1, 1991, City will have option to purchase said sites for reclamation purposes only at developer's cost, plus twenty percent.
be determined as follows:
Developer's cost will
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A. Base land cost is set at $20,082.00 acre.
B. Carrying cost equal to developer's actulal interest on the land shall be prorated from July 1, 19810.
C. Actual improvement costs shall be added to the base land cost .
D. Developer's profit of twenty percent shall be added.
City shall have the right to examine books and accounts of developer, to determine acutal costs as described herein. The costs as described herein shall not exceed the fair market value of the property at such time as city exercises its
option.
Portions of the subject property are located within the
airport noise impact area for Palomar Airport as defined by the SANDAG Land Use Plan or updates thereto. The CCcR's shall strongly recommend sound attenuation measures be incorporated in the construction of buildings to be located within the 65
CNEL range. The City is not responsible for airport related noise impacts. A note containing the terms of this condition
shall be placed on the final map.
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I The city Council has determined that in order to accommodate I
the traffic on Palomar Airport Road, the developer of projects '
in this area must be responsible for the improvement of Palomar' Airport Road from Carlsbad Boulevard to the easterly City boundary. prior to final map approval, the developer shall ; submit a proposal satisfactory to the City Council for such improvements. The proposal shall be based 'on an independent 1 traffic analysis accomplished to the satisfaction of the City 2
Engineer. The proposal shall include a time schedule and financing plan for the improvements which may include an assessment district, developer financing, or some alternative ' acceptable to the City Council. The constriuction and improvements must be assured either by confirmation of the I
assessment district secured subdivision improvement agreement, or otherwise guaranteed to the satisfaction of the City Council prior to final map approval.
ire Department Conditions:
Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire
Department. ! I I
Additional public and/or onsite fire hydrants shall be provided j I if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout construction.
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All fire alarm systems, fire hydrants, extinguishing systems,
project shall be submitted to the Fire Department for approval prior to construction.
automatic sprinklers, and other systems pertinent to the I
All roof-top appurtenances shall be architecturally integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of permit .
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. 1
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Prior to issuance of building permits, the developer shall i provide the Fire Department with a 500' sca1.e map showing I
streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block. I
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Parks Department Conditions:
63)- The median islands along El Camino Real running along the
length of this property shall be landscaped per City
standards. Council modifies their policy relating to street improvements.
Street trees shall be installed throughout the project
pursuant to City standards. street trees shall be subject to approval of the Parks and Recreation Department.
i The median islands may be waived if the City
64) The types and locations of said
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65) ~ll graded slopes shall be planted or- hydroseeded with a seed mix approved by the Parks and Recreation Department
immediately after grading.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
?lanning Commission of the City of Carlsbad, California, held on th
13th day of November, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Marcus,
McFadden, Smith, Holmes & Hall.
NOES : None .
ABSENT: None.
ABSTAIN: Commissioner L'Heureux.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
TTEST:
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ICHAEL J. HOLZMILLER
AND USE PLANNING MANAGER
Ice
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