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HomeMy WebLinkAbout1988-08-16; City Council; Resolution 88-297& 1 2 3 4 5 6 7 8 9 10 11 12 0 ' 03 13 98 E5 8 gu-2'z zozg n:>,U. pvz.: io_ Ligg2 zo Y >5 2 2cLu< oKYm >0 14 15 16 17 t 0 18 19 20 21 22 23 24 25 26 27 0 0 RESOLUTION NO. 88-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A 9 LOT TENTATIVE TRACT MAP (CT 87-2) ON 56 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, ABOUT ONE-QUARTER MILE EAST OF PASEO DEL NORTE. APPLICANT: CARLSBAD RANCH BUSINESS CENTER CASE NO.: CT 87-2 WHEREAS, on July 6, 1988 the Carlsbad Planning Cc adopted Resolution No. 2746 recommending to the City Coun Tentative Tract Map CT 87-2 be approved; and WHEREAS, the City Council of the City of Carl August 9, 1988 held a public hearing to consi( recommendations and heard all persons interested in or OF Tentative Tract Map CT 87-2; and WHEREAS, said Tentative Tract Map has been dec have a nonsignificant impact on the environment and a Cor Negative Declaration was prepared and filed by the Director on May 4, 1988 in compliance with the requirement City of Carlsbad Environmental Protection Ordinance of 198( California Environmental Quality Act; NOW, THEREFORE, BE IT RESOLVED by the City Counc. City of Carlsbad, California, as follows: 1. That the above recitations are true and cox 2. That the findings of the Planning Commi Resolution No. 2746 constitute the findings of the City Cc this matter. 3. That Tentative Tract Map CT 87-2 together provisions for its design and improvement and subject 28 1 2 3 4 5 6 7 8 9 10 11 12 0 zw 138 <% 2 owa OL32 Soza 9csg EC'.$ %Lo - io :E52 zo 13 >5 2 >o 13 3.4 15 16 17 k o 18 19 20 21 22 23 24 25 26 27 28 ! 0 0 conditions of this resolution, are consistent with all ap general and specific plans of the City of Carlsbad. 4. That Subdivision CT 87-2 is hereby approved to all applicable requirements of the Carlsbad Municipal to the satisfaction of the conditions contained in Commission Resolution No. 2746 dated July 6, 1988 marked A and attached hereto and made a part hereof with the exce condition number 24 which is modified to specify that ' contract is to encumber only the remainder parcel. PASSED, APPROVED AND ADOPTED at a Regular Meetir City Council of the City of Carlsbad on the 16th day of , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larsol NOES: None ABSENT: Council Member Pettine CLAUDE A:. aWIS, Mayor ATTEST : ALI$!&. 'i!$k&by Clerk (SEAL) , "T. 4 11 0 0 1 I 2 'I I 5! 3' 4 .? I/ PLANNING COMMISSION RESOLUTION NO. 2746 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP FOR A NINE-LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, ABOUT ONE- QUARTER MILE EAST OF PASEO DEL NORTE. CASE NO.: CT 87-2 APPLICANT: CARLSBAD RANCH BUSINESS CENTER 7 11 WHEREAS, a verified application for certain prop€ 811 wit: /I 9 10 11 Parcel IrA1' of Parcel Map 2949 and Portion of Lot H of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California. 121 has been filed with the City of Carlsbad and referred Planning Commission; and 13 34 I! WHEREAS, said verified application constitutes a 15 I I! as provided by Title 21 of the Carlsbad Municipal Code; a 16 I/ WHEREAS, the Planning Commission did, on the 15th 17 18 June, 1988 and the 6th day of July, 1988, hold duly public hearings as prescribed by law to consider said r 19 ,/ and 20 !I WHEREAS, at said public hearing, upon heari 21 22 23 24 25 26 27 'I considering all testimony and arguments, if any, of all desiring to be heard, said Commission considered all relating to the Tentative Tract Map and Planne Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 Commission as follows: A) That the above recitations are true and correct. 28 /I 0 1 2 3 4 5 6 7 a 9 10; 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0. Planning Director on May 4, 1988, and recommend APPROVAL by the Planning Commission on July 6, 198; 9. The applicant is by condition, required to p increase in public facility fee, or new constructil or development fees, and has agreed to abide additional requirements established by a Local Fac Management Plan prepared pursuant to Chapter 21.90 Carlsbad Municipal Code. This will ensure co: availability of public facilities and will mitiqi cumulative impacts created by the project. 10. This project is consistent with the City's Management Ordinance as it has been conditioned to with any requirement approved as part of the Facilities Management Plan for Zone 5. 11. This project was subject to Chapter 21.95 of the C Municipal Code (Hillside Ordinance) and meets i requirements of that Chapter to ensure the se treatment of the City's hillside resources. 12. For two engineering standards variances, for discussed in the May 25, 1988, memorandum from tl Engineer to the Planning Commission, it is found t (A) There are extraordinary or unusual circumsta: conditions applicable to the situatj surrounding property necessitating a variance Standards. (B) The granting of such variances will not substantial drainage problems. (C) The granting of such variance will not confli existing or future traffic and parking demi pedestrian or bicycle use. '(D) The granting of such variances will detrimental to the public welfare or injur: the property or improvements in the vicir which the variance is located. (E) The granting of such variances will not ad affect the comprehensive General Plan. Conditions 1. Approval is granted for CT 87-2, as shown on Exhit dated May 29, 1988, incorporated by reference and in the Planning Department. Development shall PC RES0 NO. 2746 -3- 0 @ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 1; 20 21 22 23 24 25 26 27 20 Department and any future amendments to the Pla prior to the issuance of building permits. 9. If any condition for construction of any improvements or facilities,, or the payment of any lieu thereof, imposed by this approval or imposed on this project are challenged this approval sf' suspended as provided in Government Code Section 6 If any such condition is determined to be inval approval shall be invalid unless the City determines that the project without the co complies with all requirements of law. 10. Approval of this request shall not excuse complian all sections of the Zoning Ordinance and all applicable City ordinances in effect at time of b permit issuance. 11. Approval of CT 87-2 is granted subject to the appr ZC 87-1 and HDP 88-2. 12. The applicant shall submit a street name list cor with the City's street name policy subject Planning Director's approval prior to final map al: 13. The applicant shall prepare a detailed landscz irrigation plan which shall be submitted to and a by the Planning Director prior to the issuance of or building permits, whichever occurs first. 14. A master plan of the existing onsite trees SI provided to the Planning Director as part of th grading plan to determine which trees shall be 1 to be preserved prior to the issuance of a gradinc or a building permit, whichever occurs first. 15. All landscaped areas shall be maintained in a heal thriving condition, free from weeds, trash, and dt 16. The developer shall install street trees equivalent of 40-foot intervals along all public frontages in conformance with City of Carlsbad st: The trees shall be of a variety selected f: approved Street Tree List. 17. A uniform sign program for this development s submitted to the Planning Director for his rev approval prior to occupancy of any building. 18. The project shall provide bus stop facilil locations subject to the satisfaction of the Nortl Transit District. Said facilities shall at a PC RES0 NO. 2746 -5- . 1 2 3 I/ 4l I 5l 6 I 1; 71 81 9 10 11 12 1 13 I 14 15 16 17 18 j 1 ! 19 11 20 'I 21 22 23 24 25 26 27 28 I 0 0 same to ensure that the wetlands a1 inadvertently degraded. C. The tentative map shall be redesigned so that th no encroachments into the wetlands. 21 # The black-tailed gnatcatcher shall not be di during its nesting season, in accordance with the Migratory Bird Treaty Act. Grading shall no1 during those months of nesting/breeding activities are from mid-Harch to August 1, unless certification to do so is obtained from the Cal Department of Fish and Game. 22. All conditions of Hillside Development Permit 88- be incorporated into the grading plan, to include: A. The manufactured slope which runs northeasterly/southwesterly direction, and vhicl the open space wetlands, shall be redesigned on tl grading plan to show contour grading which undulat natural looking slope, in accordance with 21.95.060 of the Zoning Ordinance. 23. An offer of dedication shall be made on the fi allowing the extension of a frontage road connect Street to a future frontage street to the east street alignment and width shall be as approved City Engineer and Planning Director and shall be I by the Planning Commission. 24. Developer shall enter into a lien contract for improvement of the "A" Street frontage COI described above prior to recordation of final map, Enaineerina Conditions: 25. Pretreatment of the sanitary sewer discharge fr project may be required. In addition to the requj for a sewer connection permit the developer shall to the requirements of Chapter 13.16 of the ( Municipal Code. The developer shall apply industrial waste discharge permit concurrently w building permit for this project. No Certific Occupancy for the project will be issued befc industrial waste discharge permit appl: requirements have been met, all applicable fees 1 the permit issued. 26. The developer shall obtain a grading permit priol commencement of any clearing or grading of the si1 PC RES0 NO. 2746 -7- 1 2 3 4 5 6. 7 a 9 10 11 12 13 14 15 16 17 le I 19 11 20 I 21 22 23 24 25 26 27 28 0 0 periods specified in the Coastal Permit and as a] by the City Engineer. 34. Additional drainage easements and drainage strl shall be provided or installed as may be required City Engineer. 35. The developer shall pay the current local drainac fee prior to approval of the final map for this 1 or shall construct drainage systems in conforman< the Master Drainage Plan and City of Carlsbad St( as required by the City Engineer. 36. The owner of the subject property shall execute harmless agreement regarding drainage across the a1 property prior to the approval of any grading fc project. 37. The developer shall make an offer of dedication City for all public streets and easements requi these conditions or shown on the tentative map offer shall be made by a certificate on the final : this project. . All land so offered shall be gral the City free and clear of all liens and encumbranl without cost to the City. Streets that are I public are not required to be rededicated. 38. Direct access rights for all lots abutting Airport Road and Paseo del Norte shall be waived final map, with the exception of one right turn in turn out access on Paseo del Norte for Lot 5 as SI the tentative map. 39. Plans, specifications, and supporting documents : improvements shall be prepared to the satisfaction City Engineer. Prior to approval of the final m, Subdivider shall install, or agree to install and with appropriate security as provided bq improvements shown on the tentative map and the fo improvements to City Standards to the satisfaction City Engineer: A. Full half street improvements plus 18' westbound Palomar Airport Road including but not limited to landscaping conforming to the adopted la] guidelines, scenic corridor study, enforced at tl of improvement plan checking, transition as apprc the City Engineer. B. Sidewalks, streetlights, reclaimed water faciliti conduits for all future utilities. PC RES0 NO. 2746 -9- I /I 0 0 1 2 3 4 5 6. 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 until it ig further subdivided pursuant to the pray of Title 20 of the Carlsbad Municipal Code. Thi shall be placed on the final map. 47. Approval of this tentative tract map shall expire t four months from the date of City Council approval a final map is recorded. An extension may be rec by the applicant. Said extension shall be apprc denied at the discretion of the City Council approving an extension, the City Council may impc conditions and may revise existing conditions. 48. A property owners association shall be formed and submitted for City approval. The property association and CC&R's shall be set up fc maintenance of the water course shown on the tel map. 49. All areas noted as "reservation for future street' remain reserved for a maximum of five (5) years af final map is recorded. A note containing the tt this condition will be placed on the final map. 50. An additional reservation for future streets st made on the final map extending "Aw Street in a w direction for a T intersection with the reservati0 future street' shown on the tentative map. Th conditions for this reservation will apply as above mentioned condition for future street. 51. A 56' wide offer of dedication shall be made on th map granting access to the CALTRANS parcel fx Street. This dedication will be generally located east side of proposed parcel 4 and west of p Parcel 1. 52. The realigned sewer mains shown on the tentatj shall be designed and constructed in such 'a mann would allow a future frontage street to pass over 53. The developer shall agree to participate assessment district for the improvements of Airport Road from Carlsbad Boulevard to Camir Roble. This shall be done prior to recordation final map. 54. Additional sewer and access easements shall be F as shown on the tentative map and as may be requ the City Engineer. 55. The developer shall agree to participate in negot between the City and CALTRANS for the p PC RES0 NO. 2746 -11- II e e 1 Fire Conditions: 2 3 4 5 60. Additional public and/or onsite fire hydrants sh provided if deemed necessary by the Fire Marshal. 61. The applicant shall submit two (2) copies of a si1 showing locations of existing and proposed fire h and onsite roads and drives to the Fire Marsh approval. 6 62. All required fire hydrants, water mains and appurtl shall be operational prior to combustible bl 7 Landscape Guidelines Manual. 9 63. Brush clearance shall be maintained according a materials being located on the project site. specifications contained in the City of c, 10 11 12 13 14 15 16 17 18 19 I II 64. Building exceeding 10,000 sq. ft. aggregate floc shall be sprinklered or have four-hour fire walls I openings therein which shall split the buildin 10,000 sq. ft. (or less) areas. 65. Water mains serving "Aw Street shall have two poi connection (looped) . PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, 1 the 6th day of July, 1988, by the following vote, to wit: AYES: Chairman McFadden, Commissioners: Marcus, Schlehuber, Holmes & Schramm. NOES : I 2o /I ABSENT: Hall 21 ll ABSTAIN: Erwin 22 23 n Jll&+&z %CY4 JFANNE B. MCFADDEN, Chairpel CARLSBAD PLANNING COMMISSIOI 24 25 26 27 28 ATTEST : - MICHAEL J. HOLZMI-R PLANNING DIRECTOR PC RES0 NO. 2746 -13- II 0 0 1- 1 2 3 4 5 6 7 a 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP AS SHOWN ON EXHIBIT "X I' DATED AUGUST 9, 1988 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, APPROXIMATELY ONE- QUARTER MILE EAST OF PASEO DEL NORTE. APPLICANT: CITY OF CARLSBAD CASE NO: ZC 87-1 The City Council of the City of Carlsbad, Califor does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal COC amended by the amendment of a zoning map as shown on the marked ZC 87-1, Exnibit "X 'I attached hereto and made a hereof. EFFECTIVE DATE: This ordinance shall be effec thirty days after its adoption, and the City Clerk : certify to the adoption of this ordinance and cause it t published at least once in the Carlsbad Journal within fi: days after its adoption. INTRODUCED AND FIRST READ at a regular meeting 0: Carlsbad City Council held on the 9th day of August, 1981 thereafter //// //// //// //// //// //// //// //// II r I I! I! i - 4 - - I EXIST 4 PROF I August