HomeMy WebLinkAbout1980-07-15; City Council; Resolution 62401
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RESOLUTION NO. 6240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION
MAP (CT 80-27) FOR AN 18-LOT PLANNED INDUSTRIAL SUBDIVISION AND APPROVING
PLANNED UNIT DEWZLOPMENT PEWIT (PUD-19) FOR SAID PROJECT ON APPROXIMATELY 7.23
ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF YARROW DRIVE AND CORTE DE LA PINA.
APPLICANT: BIRTCHER PACIFIC.
WHEREAS, on June 11, 1980, the Carlsbad Planning Commission
adopted Resolution No. 1648 and Resolution No. 1649 recommending
to the City Council that Tentative Subdivision Map (CT 80-27) and
Planned Unit Development (PUD-19) for Birtcher Pacific for
development of an 18-lot planned industrial subdivision on
property generally located on the Northeast Corner of Yarrow
Drive and Corte De La Pina, more particularly described as:
Parcels A & B of Parcel Map No. 4713 being a resubdivision
of Lot 2 of Carlsbad Tract 73-49, Map No. 8054 in the City of Carlsbad, County of San Diego,
and
WHEREAS,'the City Council of the City of Carlsbad, on
July 1, 1980, held a public hearing to consider the recommendation
and hear all persons interested in or opposed to Tentative
Subdivision Map (CT 80-27) and Planned Unit Development Permit
(PUD-19) ; and
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WHEREAS,: said Tentative Subdivision Map and Planned Unit
Development Permit have been declared to have a nonsignificant
impact on the environment and a Negative Declaration has been
prepared and ifiled in compliance with the requirements of the
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City of Carl bad Environmental Protection Ordinance of 1972;
BE IT RESOLVED by the City Council of the
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City of Carlsdad, California as follows: I
A.
B.
Thad the above recitations are true and correct.
Thai the findings of the Planning Commission in
Resolution No.; 1648 and Resolution No. 1649 constitute the
findings of the City Council in this matter.
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C. That said Tentative Subdivision Map, together with the
provisions for its design and improvement and subject to the
Conditions of Resolution No. 1648, is consistent with all
applicable general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 80-27) and Planned
Unit Development Permit (CP-19) are 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. 1648, dated June 11, 1980, marked Exhibit A,
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and Planning Commission Resolution No. 1649, dated June 11, 1980,
marked Exhibit B, attached hereto and made a part hereof, and
subject to the following condition which has been added to said
Resolutions NO. 1648 and No. 1649:
"This project, CT 80-27 and PUD-19, 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 such sewer facilities are availlable at the time of application for such permits and will, continue to be available until time of occupancy. If the qity Engineer determines that sewer facilities are not available, building permits will not be issued."
PASSED, !APPROVED, AND ADOPTED at a regular meeting of the
I City Counciliof the City of Carlsbad, California, on the 15th day
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if July , 1980 by the following vote, to wit:
AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT: None
YTTEST :
ALETHA L. MUTE
(SEAL)
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i I EXHIBIT A TO RESOeION NO. 6240
Planning Commission; and
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I PLANNING COP?zi.II:SSION RESOILJTICfN NO. 1648
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A RE/WLUTIOW OF THE PI,A"ING COMMTSSI~N OF THE
CITY1 OF CARLSBAD, CALIFORNIA, RECOLLIC.:ENDENG
APPR'OVAL OF AH 18 LOT PLANNED INDUSTRIAL
THE ,NORTHEAST CORNER OF YARROW DRIVE AND CORTE DE LA PIMA.
DEVELOPLIIENT ON PROPERTY GENERALLY LOCATED ON
APP~ICANT: BIRTCEER PACIFIC
I I all testimony and arguments, if any, of all persons desiring to be I
/heard, said Cdmmission considered all factors relating to the
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CAS€$ NO: CT 80-27
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i 7 11 WHEREAS, a verified application for certain property, to Git I
Tentative Tract E5ap.
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Parcels A & B of Parcel Map No. 4713 being a resubdivision
of Lot 2 of Carlsbad Tract 73-49, Map No. 8054 h-1 the City
of Carlsbad, County of San Diego
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WHERZAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
I I4Ii WEIER?3AS, the Planning Commission did, on the 11th day of
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June, 1980, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, Ft said public hearing, upon hearing and considering 1
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NOW, TI-IE&FOP;E, BE IT HEREBY RESOLVED by the Planning Com-
mission as fo~~ows: 1
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B) That based on the evidence presented at the public hearimg,
t'he Commlission recommends APPROVAL of CT 80-27, based on the
following findings and subject to the following conditions: j/ Findings -__- : I
1) The proqosed tentative map is consistent with the city's general plan since the site is designated by the land use
plan fo~ planned industrial and, as conditioned, the project
is consistent with a11 othcr general plan elcmcnts.
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The site is
proposed si
without imp:
resources.
The design
environmen4
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physically suitable for the type of development ce the property can accommodate the project
cting surrounding property or any environmental
f the project will not cause any significant
1. impacts since based on an i.nitia1 study of the
project, i4cluding a field investigation of the site, the
Planning D7rector has determine2 that the project will not
result in any adverse environmental impacts and therefore
has issuedla declaration of negative environmental impact on May 14, 1980, Log No, 700.
The designlo€ the subdivision will not cause any serious health problems since the project meets all public health
requirements
The projec't is consistent with all city public facility
policies apd ordinances since:
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Adequate sewer connections have been allocated for
the droject.
approved for the site.
Adequate water, gas and electric servj-ce will be availablt
to s4rve the development,
All necessary public improvements will either 'be provitied or required as conditions of approval.
In addition, septic systems have been
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The Fpplicant has agreed and is required by the inclusion of ap appropriate condition to pay a public facilities
fee.1 Performance of that contract and payment of the fee will enable this body to find that all other public facilities will be available concurrent with need as requlired by the general plan. ,
20x1 itions
1) Approval'is granted €or CT 80-27 as shown on Exhibit F to
CT 80-27hPUD-19 dated June 5, 1980, on file in the Planning
Department and incorporated by reference.
All conditions of approval of Resolution No. 1649 for PUD-19
and Resolution No. 6009 for CT 79-14 shall be met.
This appkoval is expressly conditioned on the payment by the
applicant of a public facilities fee as required by City
Council Policy No. 17, dated August 20, 1979, on file with the CitylCLerk and incorporated herein by reference, and according to the agrecmeiit executed by the applicant for
payment bf said fee.
1380, is' on file with the City Clerk and incorporated herein by refcr,ence. If said fee is not paid as promised, this applicatlion will not. bc consistent with the general- plan and
the proj,cct cannot proceed and tliis approval shall be void.
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3)
A copy of that agreement, dated March 4,
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EXHIBIT B T(PESOLUTI0N NO. 6240
1 A BESdLUTIqN OF THE PLANNING CO15iiISSION OF THE
IF CARLSBAL), CALIFORNIA, RECOMMENDING
APPR0,AL 8 OF A PLANNED UNIT DEVELOPMENT FOR AN
18 LO? PLIAWNEll INDUSTRTAL DEVELOPMENT ON PROPERTY
YARROY DRIVE AND CORTE DE LA BINA. APPLICANT : BIRTCHER PACIFIC
GENE~LLY LOCATED ON THE NORTHEAST COE~NEI~ OF
CASE kJ0: PUD-19
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WHEREAS , aJ verified application for certain property, to wit:
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Parcels A :& B of Parcel Map No. 4713 being a resubdivision
of Lot 2 df Carlsbad Tract 73-49 Map No, 8054 in the City
of Carlsbdd, County of San Diego
has been filed wieh the City of Carlsbad, and referred to the
PI-anniny Commission; and
lWEKEAS, Said verified application constitutes a request as
provided by Title 21 of the 'Carlsbad Municipal Code; and
WHEREAS, thc;. Planning Commission did, on the 11th day of June,
1980, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, /at said public hearing, upon hearing and considering
all testimony land arguments, if any of all persons desiring to be
heard, said Commission considered all factors relating to the
Planned Unit Qevefopment; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as/ follows:
A) That the1 above recitations are true and correct.
B) That haslcd on the evidence presented at the public hearing,
the Coyli.ssion recommends APPROVAL of PUD-13, based on the
followiqg findings and subjcct to-the Eollowing conditions:
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Findings : I
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The prodosed planned industrial development at the subject locatiorl is both necessary and desirable ta provide a c omp r eh 9 n s .i ve 1. y and i ma g j- n a t i. vc 1. y de s i cj n ed fa c i 1 it y w h i c h
will coqtributc to the general well being of the community.
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The propos4d development will nct be detrimental to the health safety or generql welfare of persons residing or working in
the same vjcinity, nor would the project be injurious to property 09 improvements in this area.
All designlcriteria set forth in Section 21.45.110, and all
will be met,
The propos$d project will be consistent with all elen?ents of
the General Plan including the land use element which designates/ the site for planned industrial development.
The applicant has agreed and is required by the inclusior, of an appropr$ate condition to pay a public facilities fee. Performancle 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
Based on an initial study of the project, including a'field investigation of the site. The Planning Director has
determixred that the project will not result in any adverse
environrcental impacts apd therefore has issued a declaration af negative environmental impact on Play 14, 1980, Log No, 700,
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minimum deyelnpment I standard.s set forth in Section 21.45 L20
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Conditions
1.
Approval is granted for PUD-19, as shown on Exhibits A, B, D,
E and F to CT 80-27/PUD-19 dated June 5, 1980, and Exhibit C
to CT 80-27/PUD-19, dated May 5, 1980, on file in the Planning
DepartmenF and incorporated by reference. . Development shall
occur substantially as shown on these exhibits unless otherwis
noted in khese conditions.
Prior to the issuance of building permits, the applicant shall submit a final Planned Unit Development Plan, incorporating al.
changes required herein, for the approval of the Planning
Director.
The standards of the P-M (Planned Industrial) zone regarding
permitted uses, conditional uses, building height, outdoor
storage 'nd industrial waste discharge shall qpp1.y to the subject roperty. No encroachment into any required yard, other thin i is permitted by this application shall be allowed
unless ajrevised Planned Unit Development application is
appproved.
A sign program for the entire development shall be subject to
the revi w and approval of the Planning Director prior to the
and well] integrated into the development.
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issuanceiof e building permits. Said signs shall be low profile
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Prior to t submit a d
consistent to the app
tolerant p
extent f ea of plant m lot lines.
Al.1 roof t view and/o to the apF of buildin
An all wea
constructi
All fire a
automatic
location
approval E
e issuance of building permits, the applicant shall
tailed landscape and irrigation plan, generally
with.Exhibits D and E dated June 5, 1980, subject
oval of the Planning Director. ant species shall be utilized to the maximum
ible. Said landscape plan shall erqhasize the use
ter'ials which will screen the developnent along all
Native drought
p appurtenances shall he effectively screened from
integrated into the design of the building, subjec oval of the Planning Director prior to the issuance
permits.
her access road shall be maintained throughout
n as required by the Fire tlarshall,
arm systems, fire hydrants, extinguishing systems,
prinklers, and other systems pertinent to the
hall be submitted to the Fire Department for - aior to construction,
When any qortion of a building is in excess of 150' from a water supgly on a publicc street, there shall be provided,
on-site hqdrants and mains capable of supplying the required fireflow, when required by the Chief.
Water for ifire protection shall be available for use on-site
before any combustibles are located on-site, as required by
the Fire Marshall.
In order to provide for fire protection, adequate fire hydrant
with required fire flow shall be installed on and off site as
required qy the Fire Marshall,
Fire retardent roofs shall be required on all structures.
All condiiions of approval of ,Resolution No. 16.48, for
CT 80-27 and Resolution No. 6009 for CT 79-14, shall be met,
Failure t6 do so shall void this Planned Unit Development
approval.1
This project is approved upon the express condition that the app1icant;shall pay a public facilities fee as required by
City Counpil Policy No. 17, dated August 29, 1979, on file with the @ity 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 March 3,
1980, is on file with the City Clerk and is incorporated
herein bylrefercncc.
this applFcation will not be consLstent with the General Plan
and approval for this project shall be void.
required !for all future development of this property for whicl a building permit has not been issued.
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If said fee is not paid as promised,
This fee is
L'C RESO tflG49 ' -3-
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1 15) The "picni4 area" 1-ocated at the southwest cmner of
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the proper y and also adjacent to the south of Building
required u K der Condition No. 5.
17, and th 3-andscape area located at the northeast corner of the property, as shall be improved as picnic
areas for brnployees of the development. This shall be indicated n the final landscape and irrigation plan
16) All I-ightikg o€ buildings and parkings areas shal.1 be directed away from hdjacent properties in order to avoid any un-
desirable /impacts to such properties,
17) Per the recpirements of the P-$1 zone, noise emana.ting fro" the proje 7 It shall not exceed a level of 45 dBA at any
property line.
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and covendnt I conditions and restriction for the development
prior to the issuance of building permits subSect to the Planning Dixector's approval. Said GCStR'S shall ensure the maintenance of all common areas and building exteriors, and
that propkr signing €or traffic circulation is provided,
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, California, held on
the 11th day 0% June, 1980, by the following vote, -to wit:
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AYES:
I NOES: None
ABSENT: 1 Romhotis
ABSTAIN: 1 None
Schick, Larson, Friestedt, Marcusp Leeds and Jose
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1 I ATTEST :
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PC RES0 ill649 I -4-