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HomeMy WebLinkAbout2005-07-19; City Council; Resolution 2005-2261 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND CONDITIONALLY GRANTING THE APPEAL OF THE CITY ENGINEER’S DENIAL OF, AND APPROVING A TENTATIVE PARCEL MAP FOR THE LOKER BUSINESS CENTER CASE NAME: LOKER BUSINESS CENTER CASE NO: MS 04-04 WHEREAS, the City Engineer preliminarily denied Minor Subdivision (MS 04-04) Loker Business Center by letter dated December 23, 2004 finding that: 0 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, 0 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, 0 the proposed traffic signal would likely cause significant environmental impacts in the form of disruption of traffic flow on Palomar Airport Road and increased air pollution, 0 the proposed intersection and traffic signal was not included in the project description, environmental impact assessment part 1 or part 2 and was, 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 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, after the City Engineer’s final denial, 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 traffic 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 traffic signal and associated roadway improvements; and WHEREAS, the City Council held an appeal hearing at its meeting of February 15, 2005 in accordance with Section 20.24.1 40 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, the City Council, at its meeting of March 1, 2005, remanded the appeal to the City Engineer to complete the necessary and appropriate environmental impact assessment and to return to Council for action on the appeal; and WHEREAS, the City Engineer has completed the necessary and appropriate environmental impact assessment of the addition of a traffic signal at Loker Avenue West and Palomar Airport Road and that impacted intersections are shown to operate at a level of service D or better which is less than significant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. B. That the above recitations are true and correct. That the Negative Declaration and addendum is adopted and the appeal is granted subject to the condition that the appellant shall pay all costs associated with the design, installation and construction of the proposed traffic signal and associated roadway improvements. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. That based on the evidence presented at the public hearing, MS 04-04 is approved, subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. This approval is contingent upon the Developer complying with all conditions pursuant to CUP 04-01 and SDP 04-01 hereby incorporated by reference. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the final map or improvement plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Developer shall execute a City standard encroachment agreement for the proposed employee lunch area improvements within the existing sewer easement. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 17. 18. Developer shall submit an analysis of the condition of the existing rip rap at the outfall of the existing storm drain, and provide calculations to the satisfaction of the City Engineer that the existing rip rap will reduce outflow to non-erosive velocities. If existing rip rap is not satisfactory, Developer shall submit a design for adequate velocity reduction to the satisfaction of the City Engineer. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case, Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the tentative parcel map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall obtain an easement for reciprocal access across the adjoining property as shown on the tentative parcel map. The easement shall be recorded. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative parcel map and the following improvements including, but not limited to sewer, water and fire hydrants, to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) c) Public sewer mains and appurtenances. Public water mains and appurtenances. Fully-actuated traffic signal and related street improvements. A list of the above shall be placed on an additional map sheet on the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall provide a bus stop to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SW PPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a) include all content as established by the California Regional Water Quality Control Board requirements; b) include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; c) recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d) establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a ‘Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001 -01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a) identify existing and post-development on-site pollutants-of-concern; b) identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c) recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d) establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; e) ensure long-term maintenance of all post construct BMPs in perpetuity; and f) identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Prior to Occupancy, Developer shall install sidewalks along all public streets abutting the project site in conformance with City of Carlsbad Standards. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. Prior to building permit, Developer shall design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Parcel Map Notes 23. 24. Developer shall show on the Parcel Map the net developable acres for each parcel. Note@) to the following effect@) shall be placed on the map as non-mapping data: a) All improvements are privately owned and are to be privately maintained with the exception of the following: 1) 2) Building permits will not be issued for development of the subject property unless Public potable water mains, and appurtenances. Public sewer mains, and appurtenances. b) the appropriate agency determines that sewer and water facilities are available. Ca rlsbad Municipal Water District I 25. 26. 27. 28. 29. 30. 31. 32. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieqo Countv Water Authority capacity charne(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning 57 for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and/or recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative parcel map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33. 34. 35. 36. 37. 38. 39. The Developer shall provide separate potable water meters for each separately owned parcel. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. A fire flow system shall be required for this industrial development and it shall be constructed as a looped system. The Developer shall complete the looped water system by tying into the existing waterline system on the adjacent parcel to the north to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped system and easements. Prior to Final Map approval, Developer shall install water meters for the project. Developer shall install potable water meters for industrial use and irrigation meter(s) to irrigate the common areas, as required by the District Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. B. C. I// The tentative parcel map shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.1 6 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Unless specifically stated in the condition, all of the above conditions must be met prior to approval of a final parcel map. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feeslexactions.” You have 90 days from date of approval to protest imposition of these feeslexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feeslexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Clerk is directed to give notice to the applicant of this action pursuant to Carlsbad Municipal Code section 1.1 6.01 0 specifying time limits for judicial review which states: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19th day of July , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose n ATTEST: (SEAL)