HomeMy WebLinkAbout1980-12-02; City Council; Resolution 63784
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RESOLUTION NO. 6378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITSONS TENTATIVE TRACT MAP (CT 80-38)
AND PLANNED UNIT DEVELOPMENT (PUD-22) FOR A 20 LOT INDUSTRIAL SUBDIVISION ON PROPERTY GENEWLY ON THE SOUTH SIDE OF PALOMAR
APPLICANT: BIRTCHER AIRPORT ROAD, EAST OF YARROW DRIVE.
WHEREAS, on October 22, 1980, the Carlsbad Planning
Commission adopted Resolution No. 1716 recommending to the
City Council that Tentative Tract Map (CT 80-38) be approved:
and Resolution No. 1717 recommending that the Planned Unit
Development (PUD-22) for a 20 lot industrial subdivision be
approved; and
WHEREAS, the City Council of the City of Carlsbad, on
November 18, 1980, held a public hearing to consider the
recommendations ,and hear all persons interested in or opposed
to Tentative Tract Map (CT 80-38) and Planned Unit Development
(PUD-22) : and
WHEREAS, said Tentative Tract Map and Planned Unit
Development have been declared to have a nonsignificant impact
on the environment and a Negative Declaration has been prepared
and filed in compliance with the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1980;
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 of the Planning Commission in
Resolution No. 1716 and Resolution No. 1717 constitute the
findings of the City Council in this matter.
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C. That s,aid Tentative Tract Map and Planned Unit
Development, together with the provisions for design and
improvement and !subject to the conditions of this resolution, l
is consistent with all applicable general and specific plans
of the City of Carlsbad.
D. That Tentative Tract Map (CT 80-38) and Planned Unit
Development (PUD-22) are hereby approved subject to all applic-
able requirements of the Carlsbad Municipal Code and to the
satisfaction
Resolution No. 1716, dated October 22, 1980, marked Exhibit A,
attached hereto and made a part hereof, and Planning Commission
Resolution No. 1717, dated October 22, 1980, marked Exhibit B,
attached hereto and made a part hereof, except that Resolution
of the conditions contained in Planning Commission
No. 1717, Condition 10 is revised as follows:
"10) Whenever possible, the existing live oaks on
site shall be preserved. In that regard the applicant shall prepare a plan identifying all trees proposed for removal. The plan shall be
presented to the City Council for review and shall be subject to City Council approval. No
trees shall be removed until after the plan is approved and only then in accordance with the plan."
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the
day of December , 1980 by the following vite, to wit:
Council Members Packard, Casler, Anear, Lewis and Kulchin
2nd
AYES:
J RONALD C. PACKARD, Mayor .. ATTEST :
I.
A RESOLJJTION' OF TiiE PLAJ!WING CC)NNIISSIO~?J OF THE
CXTY OF CAIILSBAD , CALIFORNIA, RJ2COTWIE:NDTNG
APPROVAL FOR A TEKTATIVE TRACT p.zZP ON PROPERTY
GENEXALLY LOCATED UT< THE SOUTH SIDE OP ?A.I>OFAX
ZONE.
APPLICANT : 31 RTCKER
AIRPORT ROAD, EASY' OF YARROW D"E IN THE €'-M
.. CASE NO: CT 80-38 --1
WHEREAS
Parcel 2 of Parcel Eap No, 1118 filed in the Office of the County Recorder of San Diego, November LO, 1972
a ver:if ied application for certain property to, v?rt:
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been filed with the City of Carlsbad, and referred to the
?lanning Commission; and
WHEREAS said verified appli~atj~on constitutes a request 3s
?rovided by Title 21 of the Carlsbad Plunicipal Code; and
WHEREAS, the Planning Commission did, on the 22nd day of
ktober, 1980, hold a duly noticed public hearin3 as prgscrrlbe
~y la-, to consider said request; and
I? WHEREAS, at said public hearing, upcln hearing anG considering
213- testimony and arguments, if any, of all persons desiring to
be heard, said Comiission considered a13 factors relating to the
Tentative Tract Map.
NOW, TflEREFOW, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct,
13) That based on the evidence presented a% the public hearing,
the Commiss;ion recommends APPROVAL ~f CT 80-39, based on the
following findings and subject to the foJ.lowing conditions:
F irtd i rig s
1) The proposed tentative map is consistent: wlth thc city's
CI
General Plan since the site is -dcsj.cjnatcd by thc land use
pl.an for plannecl industrial and , as conditioncd, the pro-jccls is consistent: with all. other gcncral plan clcments.
i
‘Ifhe lee is physic
proposed since the
of the terrain for
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11y suitable for the type of development
applicant is utili-zinq the flat-ter port.ions development and leaving the other portions
in a natural s’tate, ..
The design of the project will riot cause any significant environmental impacts since, based on an initial study of the
project (including a field investigatian of the site , an
archaeological surveyp and agriculturax feasibiiity report),
the Planning Director has determined that th-c? project will not
result in any adverse environmental impacts end therefore has issued a declaration of negative environnientzl impact on
October 1, 1980, Log No. 761,
The design of the subdivision t~iP1. not cause any serious
health problems since the project mec-ts all public health
requirements,
The project is consistent with all city public facility policies and ordinances since:
a) Adequate water, gas and electric service will be availabic
to serve the develosment .
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b) All necesssry public improvements will either be pxovided
or required as conditions of approval.
c) The applicant has agreed aznd is required by the inclusion
of an appropriate conditi-on to pay a public facilities
fee, Performance of that ccntract and payment of the
fee will enable this body to find that all other public
facilities will be avai.lable concurrent witkid need as required by the general plan.
bnditions -c
Approval is granted for CT 80-38, as shown on Exhibit “A”
dated October 17, 1980, on file in %he Planning Department and incorporated by reference, Development shall occur
substanti ally as shown on these exhibit unless otherwise
noted in these conditions.
This subdivision is approved upon the express condition
that the final. map shnil not be approved unless the City
Council. finds as of the time of such approval that sewer
service is available to serve the subd.ivision.
All. conditions of approval of Rcsolutian No. 1717, for
PtlD-22, shall be met.
Thi-s approval 5.s expressly conditioned on the payment by the applicant- of a public facilities fee as required by Ci-ty
Council Polj.cy No. 17, dated August 23, 1979, on file w-itzh
thc City Clerk and incorporated herein by refcrcncc, arid
according to the agreement cxc.cuted by the applicant for
RES0 B171G
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payinent of said fee.
2, 1980, is on file wikh the CiYy Clerk and incorporated herein by rsfercnce, this application will not be consistent wi.th the General Plan and the project cannot proceed and this approval shall be void.
Approval of this request shall not e:rcuse compliance with all
sectiOils of the Zonir,g Ordinance and all other applicable
city ordinances in effect at the tiine OE building permit
issuance. of the CC&R'S and. the zoning ordinance, the requirements OS
the ordinance will prevail.
The devel-oper shall obtain a grad-iag permit prior to the
commencement of any clearing or grading of the site.,
A copy of that agreement dated September
If said fee is not paid as promised,
In1 case of conflict between the design guidelines
The grzding far this project is defined as "controlled grading"
by Section 3.1.06.1.7G (a) of the City Code.
performed under the observation of a civil engineer whzse responsibility it shall be to coordinate site inspectiox and
testing t.o insure compliance of the work with the approved
grading plan, scbmit required reports and verify compliaxe
with Chapter 11.06 of the city code. '
Palomar Airport Road shall be dedicated on the final map
based on the half street right-of-way width of 63 feet along
entire subdivision frontage. The minimum horizontal center- line radius shall be 1450 feet unless otherwise approved by
the City Engineer. . ..
Palomar Airport Road shall be improved by the developer hased
-3n a half street to city standards prior to the occupaxcy
of any buildings. The improvements shall incluf-2 e ha15
width median except that landscaping and electric and water
service for it shall be installed subject to the approval 0.".
the Parks and Recreation Director for the full width of the
median along the eastern half of the subdivision froiztzage,
Land-scaping and electric and water services need not be provided for the western half of the median.
Street trees of a variety approved by the Parks and Recreation Department shall be installed to city specifications at
. the equivalent of forty foot intervals along all. public street. frontages.
Grading Shall be
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Streets A and B shall be improved baseu on the typical section shown on the tentative map. The design shall be
subject to the approval of the City Engineer and the standard
plan check and inspection fees shall be paid. The structural scctiori shall be based on R-value tests based 011 the standard
for an industrial street. ._
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\ At its intersection with the public st.aeets, the maximum
grade on Street A shall be 2% for a minimum distance of 50 feet from the edge of pavement of the public streets..
Landscaping on the south side of Street k for a distance of
approximately 250' on each side. of Street E shall be limited to a maximum height of 20 inches within an area subject to
the approval of the City Engineer in order to provide adequatc
sight-. di stance e
The private streets shall be posted "no parking" to the satisfaction of the City Engineer and Fire Deprtment.
The developer shall enter into a Traffic Signal Improvkment
Agreement to install a fully actuated signal at the inter-
section of Street A and Palomar Airport Road and shall post- a bond prior lto approval of the final map. The agreement
shall provide1 that the developer shall install. the signa1 at his sole cost, subject tc the approval of the City
Engineer, upon receiving notification to do so from the City Engineer.
If the city adopts a policy and standards relating to waste water reclamation prior to the issuan.ce of a building 7erd.t for the first unit, the applicarit shall install irnprover?,ents
to accomodate water reclamation on the property pursuant to
sa.id policy and standards e
PASSED, APPROVED AND ADOPTED at a regul.ar meeting af t~re
I
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PlanA-ng Corrmlssion of the City of Carlsbad, Califarnia, held on
the 22nd day of October, 1980, by the following vote, to wit::
AYES: Commissioner Korr.botis, Friestedt, Jose, Larson: and
NOES : Commissioner Schick.
Leeds.
PC RESO 11171.6 . -4-
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A RESGLUTION OF THE PLANNXPSG COPLVISSION OF THE
CITY OF CARLSEA3, CALIFORNIA, €?.ECONMEMDING
APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR h 20 LOT PLANNED TJNIT INDUSTIiIAL DEVELOPMENT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF PALOEAR AIRPOET ROAD, EAST OF YARROW DRIVE IN THE P-M ZONE.
APPLICAFJT: BIRTCHEF
‘ CASE NO: PUD-22
WHEREAS, a verified application for certain property, to wit:
Parcel- 2 of Parcel Map No, 1110 filed in the Office of
the County Recorder of San Diego, November 10, 1972
tas been filed with the City of Carl-sbad, and referred to the
’lanning Cornmission; and
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WHEREAS, said verified application constitutes a request
1s provided by Title 21 of the Carlsbad Municipal Codn,; and
WHZREAS, the ?lanning Commissj-on did, on the 22nd day of
Ictober, 1980, kold a duly noticed public hearing as prescribed
~y law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
311 testimony and arguments, if any of all persons desiring to be
heard, said Comlssion considered all factors relating to the
Planned Unit Development; and
EON, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Corrmission as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of PUD-22, based on the following findings and sub‘ject to the following conditions: . - Findings:
1) The proposecl planned industrial devclopmcnt at the subject
location is both neccssary and desirable to provide a
comprchcnsj.vcly and imaginatively clcsigncct facility which
will contribute to the general well bclng of the com”ity.
\ The proposed development is not detximeutal to the health,
safety or general welfare of persons residing or workirrg in the same vicinity, ~13r would. the 2roject: be injurious to property or improvements in this area .I
All design criteria set forth irr Section 21.45.110 and aLZ minimum development standards set forth iiz Section 21.34 are met by the proposed project z,s indicated in the staff report .)
The proposed p'roject is consistent with all elements of the
General Plan.
The applicant has agreed and is required by the inclusi.o;i sf an appropriate cond-iti.on to pay a public facilities fee, - Perfarmance of that contract ad payment of the fee will
enable .this body -to find that public facilities will be available concurrent with need as repixed by the General Plan
Based on an initial study of the project, including a field investigation of the site, an archaeological surveyI and.
agricultural feasibility report, the Planning Director has
determined that the project will not result in any adverse
environmental impacts and therefore has issved a declaratim
of riegative environmental impact on Oc-izober 1, 1980, Log
No, 762.
- oidiitions :
Approvzl. is gra.nted for ZJD-22, as shown on ExhibiJ; "A", dated October 17; 1380, end Exhibi-ts "B" and "C" 3
dated September 18, 1980, on file in the Planning Department
and incorporated by reference. Development shall QCCU~
substantially as shown on these exhibits unless otherwise
noted in these conditions.
Prior to the issuance of building permits, the applicant shall
submit a final Planned Unit Development Plan, incorporating all 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 and industrial waste discharge shall apply to the
subject property.
This project is approved upon thc express condition that building permits shall not be issued for dcvelopment of the
subject property unless the City Engineer determines that scwer facilities are available at the time of applicztion
for such sewer permits and will continue to bc available until time of occupancy, If the City Enginccr dcteriniiics
that sewer facilities arc not available, building permits
will not be issued.
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A detai ed landscaping plan which includes sudstankial land- scaping on the slope along Palomar Airport Road shall- be
submitted to and approved by the PLanning Department prior to approval of 2 1 final map.
All conditions of approval of Resolution No. 17'16, for
CT 88-38 shall be met. Failure tu do so shall. void this
Planned Unit Development,
This project is approved upon the express coxtiition that the
applicant shall pay a public facilities fez as required by
City Council Policy No. 17 dated August 29, 1980, on file with the City Clerk and incorporated herein by reference, zirid
according to the agreement executed by the ap2licant for
payment of said fee a copy of that agreement dated Septenber,
2, l380, is on fi.le with the City Clerk and 2s incorporated herein by reference.
this application wi1.l not be consistent with the General Plan and apprcjval fGr this project shall be -mid. This fee Is required for all future development of this property for
which a building permit has not been issued, .
Per the requirements of the P-M zone, noise emanating from
the project shall not exceed a level af 45 dBA at any proper ty line.
If said fee is not paid as promised,
The applicant shall establish an owner s association with
corresponding covenants, cor,ditions aid restrictions,
Sajd CCbR'S sh311 be subxitted to and approved by the Planfiirig Depac-tzamnt prior to finaI nap approval, Said CCcR'S shall
contain a provisi-on prohibiting parking on ",he p Grivate street:.
and ensuring enforcement of this prohibition to the satisfaction of the city. The CC&R'S shall also contain a provision which specifically ensures that the ovmers will
continue to miintain all drainage improvements and facil-ities
and allows the city to enforce said provision if cecessary,
The ci-ty shall have +he right to enter upon khe property to
maintain the drainage facilities if the developer ox sch- sequent owners fail to do so and charge ths cost for said maintenance to developer or subsequent owners e
j-s j-ncluded pursuant to Public Resource Code Section 30170 (E)
Whenever possible, the existing live oaks on site shall be
preserved.
This conditric.1
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l?C RES0 #1717 -3-