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HomeMy WebLinkAbout1981-03-03; City Council; Resolution 6455I L 1: 2 1E 2c 21 22 2: 24 25 26 27 28 REISOLUTION NO. 6455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAECLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A 6-LOT TENTATIVE SUBDIVISION MAP (CT 80-15(A)) AND A PLANNED UNIT DEVELOPMENT PERMIT (PUD-l7(A)) FOR AN 11-UNIT INDUSTRIAL COMPLEX ON APPROXIMATELY 15.2 ACR,ES GENERALLY LOCATED ON AVENIDA ENCLNAS BETWEEN CANNON ROAD AND PALOMAR AIRPORT ROAD. APPLICANT: BUDGE. _I WHEREAS, on January 28, 1981, the Carlsbad Planning Commission adopted Resolution No. 1703 and Resolution No.1704 recommending to the City Council approval of a 6-Lot Tentative Subdivision Map (CT 80-15 (A) ) and a Planned Unit Development Permit (PUD-:L7(A)) for an 11-unit industrial complex on property generally located on Avenida Encinas between Palomar Airport Road and Cannon Road, more particularly described as: Parcel 2, of Parcel Map 10801, recorded December 17, 1980, filed with the City of Carlsbad and referred to the Planning Commission, and WHEREAS, the City Council of the City of Carlsbad held a public hearing on January 28, 1981 to consider the recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-15(A)) and Planned Unit Development Permit (PUD-17 (A) ) ; and WHEREAS,, said Tentative Subdivision Map and Planned Unit Development I?emit 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: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Resolutions No. 1703 and No. 1704 constitute the findings of the City Council in this matter. 3. That said Tentative Subdivision Map, together with the provisions for its design and improvement, and subject to the conditions of Resolution No. 1703, is consistent with all applicable general and specific plans of the City of Carlsbad. 4. That Tentative Subdivision Map (CT 80-17 (A) ) and Planned Unit: Development (PUD-17 (A) ) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Conunission Resolutions No. 1703 and No. 1704, marked Exhibits A and B, attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at,a regular meeting of the City Council. on the 3rd day of March , 1981 by the following vote, to wit: AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin NOES : None - . RONALD C. PACKARD, Mayor ATTEST : LlbzL~u ALETHA L. RAUTENKRANZ, City Clpk -2- I-_ - -. .. il J 2 3 4 5 E r 1 E I: a: 1: : 1. 1 1 1 I 2 EXHIBIT A TO @ ,TY COUNCIL RESOLUTION NO. 6455 ' 'PLANNING COl5€4ISSION RESOLUTION NO. 1703 A RESOLUTION OF THE PLANNING C0,PIMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMTvlENDING APPROVAL FOR A 6 LOT TENATIVE TRACT 14AP ON PROPERTY GENERALLY LOCATED ON AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD. APPLICANT: BUDGE CASE - NO: CT 80-15 (A) 6 WHEREAS, a verified application for certain property to, ?it: * Parcel. 2 of Parcel Map 10801 recorded December 17, 1980. ias been filed with the city of Carlsbad, and referred to the Planning Commission; and l?HEREAS, said verified application constitutes a request as provided by Title 21 of the Cailsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of January, 1'981, hold a duly noticed public hearing as prescribed by law to 'consider said request; and ?* WHEREAS, at said public hearing, upon. hearing and considering to be heard, said Coinmission considered all factors relating to the Tentative Tract Map. % NOW, THEREFORE, BE IT HEREBY RESOVED by the Planning Commission as follows: A) That the above recitations are'true and correct. R) That based on the evidence presented at the pubic hearing, the Commission recommends APPROVAL of CT 80-15(A), based on the following findings and subject to the following conditions : 1. The proposed tentative map is consistent with the city's gcncral plan since the site is designated by the land use plan for planned industrial and, as conditioned, the a. 2 3 5 6 7 8 9 3.0 12 13 14 15 16 17 2c 21 22 22 24 25 26 27 2a 2. 3. 4. project is' consistent with all other general plan elements. The sj-te is physically suitable for the type of development proposed since the basically flat topography of the site reduces the need for major land form alteration. The project is consistent with all city public facility polici-es and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured 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 Com- mission has added a 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. Since the final map cannot be approved unless sewer service :is available, and building cannot occur within the project unless sewer service remains available, the I?lanning Conmission 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, 1111. necessary publj-c improvements have been provided or will be required as conditions of approval, 9. b) c) Irhe 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 public facilities will be available concurrent with need as required by the General Plan. ' The P:Lannhg Director, has determined that the proposed project has been addressed in previously approved environ- mental documents and issued a Notice of Prior Environmental Compliance on January 7, 1981, Conditions 1. All previous conditions of CT 80-15 (Resolution 1638) are no longer applicable and shall be superseded by the conditions of approval contained herein. Approval is granted for CT 80-15(A), as shown on Exhibits E, €1, I and M and Exhibit S, dated August 26, 1980 and Reccmber 4, 1980, incorporated by reference and on file in the Planning Deparbent. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. ///? RES0 #/1703 -2- I. ''I 1 "I %I 14 1: JE 3.5 1E 1s 2c 21 22 23 24 25 26 27 28 3. 4. 5. 6. 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 the subdivision. 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 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 August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for gaymerit of said fee a copy of that agreement dated February 28, 15\80, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promisect, this application will not be consistent with the General Plan and approval for this project shall be void. Approval of this request shall not excuse complicance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect-at time of building permit-issuance I. Planning Departhent 7. 8. 9. 10 11. 12. 6 The applicant shall establish a property owner's association and corresponding covenants, conditions and restrictians. Said CIC&R's shall be submitted to and approved by the Planninc Department prior to final map approval. The applicant shall prepare a detailed landscape and, irrigation plan which shall be submitted to and approved by the Plqning Director prior to issuance of a building permit:. Parking lot trees shall be a minimum 15 gallon size. All laadscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designed in conformance with the city's Sign 0rdinance.and shall require review and approval of the Planning Department prior to installation of such signs. A uniform sign program for this development shall be sub- mittelit to the Planning Department for their review and approval prior to occupancy of any building. //// ///I RES0 #l703 -3- .' 2 z 4 5 6 7 9 10 21. 12 13 2.4 15 16 18 19 20 21. 22 23 24 25 ' 26 27 28 13. 14. 15. 16. 17. Trash receptable areas shall be enclosed by a 6 foot high 'masonry wall with gates pursaant to city standards. Location of said receptacles shall be approved by the Planning D ir ec tor . All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at. a minimum include a bench,. 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 said design shall be subject to the approval of the PI-anniny Director and North County Transit District. The project shall attempt to develop a ride to work and home program for its employees with the North County Transit District. Furthermore, the project shall attempt to limit the staggering of worlcer shifts so as to facilitate the success of said program. All conditions of Resolution No. 1704, for PUD-l7(A) shall be met:. : 3. Engineering Department b 18. 13. 20. 21. The subdivider shall dedicate and improve Avenida Encinas based on a right-of-way width of 70' and a curb-to-curb width of 60'. The limits shall be from the existing terminus of Avenida Encinas, along the subdivision frontage, extending off-si-te to Cannon Road. The right-of-way shall he dedicate6 prior to tYle approval.of the final map and shall be free and clear of any liens and encumbrances. The improvements shall be for. the full street width including median and shall conform to the city of Carlsbad standards subject to the approval of the City Engineer and shall be completed prior to final occupancy of-any units. Improvement plans prepared by a registered civil engineer must be approved by the City Engineer, required security posed, and improvement agreement executed prior to approval of the final map. Interior private streets and driveways shall be built to full width to serve all buildings being constructed. The subdivi-der shall submit to the City Engineer letters of permission from all easement holders on the subject property prior to approval of the final map. ///i RES0 #1703 -4- 3 2 II 4 1 E 20 .22 22 23 24 25 26 27 28 22. A11 required fees and deposits shall be paid prior .to final map. 23. Separate final maps may be recorded for Phase 1 and Phase 2 of the development as long as a11 applicable cond,itions of approval contained herein are complied with. Fire Department 24. 25. 26. 27. 28. 29. 30. 31. Additional public and on-site fire hydrants shall be install-ed if required by the Fire Marshall. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on-site roads and drives. An all weather access road shall be maintained throughout construction. Water for fire protection shall be installed prior to placement if any on the building site. Recommended minimum standards by the Fire Department for driveways into all types of building construction shall Be no parking land - 24 feet, parking one side 34 feet, and parking- b0.il-r sides 44 feet. Adequate emergency vehicle twn-arounds shall be provided by a cul-de-sac or a hammerhead when a driveway is mor3 than 150 ,feet deep from property line at street. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "no parking/fire lane/ tow away zone" as per condition in Municipal Code. All fire alarm systems., fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project. shall be installed pursuant to Fire Code and Building Code requirements and shall be submitted to the Fire Department for approval prior to construction. I Parks And Recreation Denartmerit 32. Street trees, as required by the city, shall be installed by the applicant at his expense. Trees shall be a type be installed to their specifications. . approved by the Parks and Recreation Department and shall 33. The subdivider shall instal.1 landscaping in the median subject to the approval of the Parks and Recreation Director prior to final occupancy of any uniks. . : .. 1 2 3 4 5 6 7 wit: EXHIBIT B TO CITY COUNCIL RESOLUTION NO. 6455 PLANNING COMTISSION RESOLUTION NO. 1704 A RESOLUTION OF THE PLANNING COPMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED UKIT DEVELOPMENT FOR 6 LOT, 11 BUILDLEG INDUSTRIAL COMPLEX ON PRO- PERTY GENERALLY LOCATED ON AVENIDA ENCINAS BETWEEN.PkLOrslkR AIRPORT ROAD AND CANNON ROAD. APPLICANT : BUDGE CASE - NO: PUD-17 (A) WHEREAS, a verified application for certain property, to Parcel 2, Parcel Map 10801 recorded December 17, 1980 '11 has been filed with the city of Carlsbad, and referred to the lo . /I Planning Commission; and WHEREPhSr said verified.application constitutes a request '2)1 as provided by Ti.tle 21 of' the Carlsbad Municipal Code; and l3 I/ WHEREAS, the Planning Commission d'id, on the 28th day of 14jj 'January, 1981, hold a duly noticed ,public hearing as prescribed 15(( by law to consider said reyue'st; and 16 h WHEREAS, at said publi'c hearing, upon hearing and considerin all testimony and arguments, if any of a11 persons desiring to l8 I/ be heard, isaid Xommission considered all factors relating to the 319 /j 1 Planned Un.it Development; and NOWr THEREFORE, BE IT HEREBY RESOLVED by the Planning ' 211j Commission as fol-lows: * ' * 22// A) That the above recitations are true and correct. 23 24 85 26 27 28 B) That based on the evidence presented at 'the public hearing the Commission recommends APPROVAL of PUD-l7(A), based on'the following findings and subject to the following conditions: Findings: .. a. 1. The proposcd planned industrial development at the subject 1ocat.ion is both necessary and desirable to provide a 1 2 3 4 5 6 7 .8 9 10 3.1 12 13 14 15 16 17 18 19 20 2; 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. .comprehensively and imaginatively designed facility which will contribute to the general well being of the community. The proposed development will not be detrimental to the health safety or general welfare of persons residing or working in the same vicinity, nor would the project be injurious to property or improvements in this area. All design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 will be met. The proposed project will be consistent with all elements of the General Plan. 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 public fa.ci1ities will be available concurrent with need as required by the General Plan. That. the applicant has 'provided sufficient additional amenities including increased landscaping alcng Avenida Encinas, increase or' the number ofsparking spaces required under the P-M zone, and recreational amenities consisting of ail exercise course for use by the employees to justify t.he niodifications to the P-M zone yard and lot area requirements. The Planning Director has determined that the project was addressed in previously approved environmental documents and issued a Notice of Prior Environmental Compliance on January 7, 1981, #* General Conditjons 1. Approval is granted for PUD-17(A) as shown of Exhibits E, I, H and M dated August 26, 1980 and Exhibit S dated December 4, 1980 on file at the Planning Department and incorporated by reference. Development shall occur sub-'' stantially as shown on these exhibits unless otherwise noted in these conditions. 2. All previous conditions of PUD-17 (Resolution No. 1639) are no longer applicable and shall he superseded by the conditions of approval contained herein, 3. All. conditions of approval of Resolution No. 1703, for CT 80-15(A), shall be met. Failure to do so shall void this Planned Unit Development. .. .. Plannincf Department 4. Prior: to the issuance of building permits, the ,applicant shall submit a final Planned Unit Development Plan, .. 2 3 4 5 6 7 8 9 10 3.1 12 13 '14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. incorporating all conditions of approval of CT 80-15(A) and PUD-l7(A), 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. No encroachment into any required yard, other than is permitted by this application shall be allowed unless a revised Planned Unit Development application is approved. Prior to the issuance of any building permi-ts, the applicant shall subnit a detailed landscape and irrigation plan, .subject to the approval of the Planning Director. Native drought tolerant plant species shall be utilized to the maximum extent feasible. Said landscape plan shall include a detailed description of the employee recreation area. Said landscape plan shall include solid planting of the west property line to visually screen the project from the adjacent properties to the west. All roof top appurtenances shall be completely screened from adjacent properties to the west, Interstate 5, and Avenida Encinas and integrated into the design of the building, subject to the approval of the Planning Director prior to the issuance of building permits.' 'All lighting of buildings and parking areas shall be directed away from adjacent properties, in particular those residential properties to the wes-t, so that no direct light or light spillover occurs on any such properties. Per t-he requirements of the P-M zone, noise emanating from the &)roject shall not exceed a level of 45 dBA at any property line. % I/// //// /I// I/// . //// . I/// ' //// *. .. 1 2 3 4 5 6 7 8 9 10 13 ' 3.4 15 /' . X6 18 19 20 21 22 23 24 25 26 27 28 0 * PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 28th day of January, 1981, by the following vote, to wit: AYES: MARCUS, ROMBOTIS, LARSOB, LEEDS, JOSE, FRIESTEDT NOES:: NONE L I HEUREUX ABSENT : NONE ABSTAIN: NONE ATTEST: A/ ;/""RLSB$T) I?LAP;INING / TOMM MISS ION RE'S0 41 1704. c -4 - . ..