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HomeMy WebLinkAbout1981-04-07; City Council; Resolution 64783 2 7l a. 4 F U E 7 € s IC 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFOWIA, APPROVING WITH CONDITIONS A 6-LOT TENTATIVE SUBDIVISION MAP (CT 80-47) AND A PLANNED UNIT DEVELOPMENT PERMIT (PUD-28) FOR 6 INDUSTRIAL BUILDINGS, IN TWO PHASES, ON APPROXI- MATELY 15.96 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE DE LA PINA BETWEEN YARROW DRIVE AND EL CAMINO REAL. APPLICANT: ANDREX DEVELOPmNT COMPANY. WHEREAS, on February 25, 1981, the Carlsbad Planning Commission adopted Resolution No.1771 and Resolution No. 1772 recommending to the City Council approval of a 6-Lot Tentative Subdivision Map (CT 80-47) and a 6 building industrial Planning Unit Development Permit(PUD-28) for Andrex Development Company on property generally located on the south side of Corte De La Pina between Yarrow Drive and El Camino Real, more particularly described as : Lot 8 of Tract 73-49 according to Map 8054 filed December 31, 1974, and WHEREAS, the City Council of the City of Carlsbad, on March 17, 1981 held a public hearing to consider the recommenda- tions and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-47) and Planned Unit Development Permit (BUD-28) ; and 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 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 Resolutions No. 1771 and No. 1772 constitute the findings of the City Council in this matter. C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the Conditions of Resolution No. 1771, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-47) and Planned Unit Development Permit (PUD-28) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolutions No. 1771, marked Exhibit A, attached hereto and made a part hereof, and Planning Commission Resolution No. 1772, with the exception of Conditions No. 16 and No. 22, which have been revised as follows: "18. Parking space 7 for Building "C" and parking space 73 adjacent to Bui1ding"E" shall be deleted. 22. The applicant shall post "NO Parking" signs on the private street as directed by the Police Chief. The applicant shall waive on behalf of itself and its successors any and all rights it may have under the provisions of Sections 21107.5 (b) or 21107.6 (b) of the California Vehicle Code. Traffic laws may be enforced on the private street pursuant to City Council resolution and the provisions of Sections 21107.5 or 21107.6 of the California Vehicle Code." 2. 1s 2c 23 22 22 24 25 26 27 28 Said Planning Commission Resolution No. 1772, marked Exhibit B, is attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the day of April , 1981 by the following vote, to wit: 7th AYES: NOES: None ABSENT: None Council Members Packard, Casler, Anear, Lewis and Kulchin ATTEST : 3. 0 *- lanning Commission; and WITEaEASr said verified application constitutes a request as jrovided by Title 21 of the Carlsbad Nunicipal Code; and WHEREASr the Planning Commission did, on the 25th day of Wxuary 1981, hold a duly noticed public hearing as prescribed 3y law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering a11 testimony and arguments, if anyp of a11 persons desiring to be heardp said Commission considered all factors relating to EXHIBIT 9 TO CITY COUNCIL RESOLUaN NO'. 6478 B) That based on the evidence presented at the public hearing, the.Commission recommends APPROVAL of CT 80-47, based on the following findings and subject to the following conditio1 PLANNING COMMISSION RESOLUTION NO 1771 A RESOLUTIOX OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOPDENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE SIX INDUSTRIAL LOTS ON PROPERTY DE LA PINA BETWEEN YARROW DRIVE AND EL CANIN0 HiEAL &I?PLICANT: ANDREX DEVELOPMENT COEQANY CASE NO: CT 80-47 GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE WHEREAS, a verified application €or certain property to, it: Lot 8 of Tract 73-49 according to Map 8054 filed December 31, 1974 as been filed with the city of Carlsbad, and referred to the the Tentative Tract Map. NOW, THEREFORE BE .IT HEREBY. RESOLVED by tlie Planning Commission as follows: A) That the above recitations sire true and correct. Findinqs : 1) The proposed tentative map is consistent with the city's general plan since the site is designated by the land use APN: .213-050-03 2 .B '$3 8 4 '5 6 7 8 . 12 . ' 13 1.4 15 16 18 19 20 23. ' 23 I 24 25 26 2'1 28 plan for planned industrial andp as conditioned, the project is consistent with all other general plan elements. The site is physically suitable for the type of development since the site is adequate in size and topography to accommodate the project without creating any significant environmental impacts. The design of the subdivision will not cause any serious health problems since the project meets all public health requirements. The project is consistent with all city public facility po1icie.s and ordinanc'es since : a, Adequate water, gas and electric service will be available to serve the development. b. All necessary public improvements will either be provided or required as conditions of approval. c, The applicant has agreed and is required by the inclusion ' of an appropriate condition to pay a public €acilities fee. Performance of that contract and payment of the fee will enable this body to find that al-1 other public facilities will be available concurrent with need as required by the general plan, The project will not cause any significant environmental impacts and a negative declaration has been issued by the Planning Director on January 14, 1981,.and approved by the Planning Commission on February 25, 1981. General Conditions: Approval is granted for CT 80-47, as shown on Exhibi.t(s) A, dated January 20, 1981, B, C, E, F and G, dated December 29, 1980, and Exhibit D, dated January 30, 1981, incorporated by reference and on file in the Planning Department, Development shall occur substantially as shown unless otherwise noted in these conditions. All conditions of approval of Resolution No. 1772, for PUD-28, are hereby incorporated by reference and shall be complied with in their entirety. Tk;is 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 perinits 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 E 2 3 4 5 6 %Q 13. 3.2 13 14 35 3.7 32 . 19 20 21 22 23 24 25 26 27 28 e such sewer Dermits and will continue to be available unt & time of occupancy. map This note shall be placed on the final 5) 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 * payment of said fee a copy of that agreement dated December 23, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void, . 6) Approval of this request shall not excuse compliance with all sections of the zoning ordinance and all other applicable city ordinances in effect at time of building permit issuance. 7) This subdivision 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, Engineering Conditions The applicant shall install.al1 the necessary drainage Eacilities to remove both the on-,site storm flows and the off-site storm flows that Cir.lin onto the property and shall repair any existing on-site drainage facilities to the satisfaction of the City Engineer, The developer shall. obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grading" by Section 11,06.170(a) of the Carlsbad Municipal Code, Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11,06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of 'the affected properties. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engineer , //// PC mS0 #1771 . -3- 'L .) 13) The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drainage systems. in conformance with the Master Drainage Plan and city of Carlsbad Standards as required by the City Engineer. The design of all private streets and drainage sqstems shall be approved by the City Engineer prior to approval 0.f the final map. streets shall conform to city of Carlsbad Standards based on R-value tests, shall be inspected by the city and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map, All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. responsibility shall be clearly stated in the CCSaR'S, The median island shall have 2 left turn pocket for traffic entering Lot 3, subject to the approval of the City Engineer, PASSED, APPROVED AND ADOPTED at a regular meeting of the I I 14) The structural section of all private All private streets and drainage systems 15) This 16) Planning Commission of the City of Carlsbad, California, held on the 25th day of February, 3.981, by the following votep to wit: AYES: NOES: "E ABSENT: RC?IWIS ABSTAIN: l4ARCUSf IXRSOON, LEZDS, JC33, 3"Tt L'I33EEUX ATTEST: 23 /I 25 "1; 1 .2 3 4 .. 9 IC 11 12 13 14 15 16 17 IE! 19 20 21 22 23 24 25 26 27 28 EXHIP"" R TO CITY COUNCIL RESO!&ION NO. 647* PLANNING COMMISSION RESOLUTION NO. 1772 A RESOLUTION OF THE PLANNING COMMISSION OF THE APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR SIX INDUSTRIAL BUILDINGS, IN TWO PHASES ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE DE LA PINA BETWEEN YARROW DRIVE AND EL CAMINO* REAL. APPLICANT: ANDREX DEVELOPMINT COMPANY CASE NO: PUD-28 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING . WHEREAS, a verified application for cextain property, to wit: Lot 8 of Tract 73-49 according to Map 8054 filed December 31, 1974 has been filed with the city of Canrlsbadl, an& xeferrea tcr the Planning Commission; and ITHEREAS, said verified applicatian constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; an& NZIEREAS, the Planriing Commission did, on the 25th day a€ Fehxy, 1981, hold a duly noticed ptmblic hearing as prescribed by lzw to consider said request; and hXEREAS, at said public hearing, upon hearing and eonsicliering all testimony and arguments, if anyp of ax% persans desirhg t~ be heard, said Commission considered all factors relating ts the: Planned Unit Development; and NOWI THEREFORE, BE IT HERE6Y RESOLVED by the Planning Comnission as follows: A) That the above recitations are true and correct, €3) That based on the evidence presented at the public hearing the Commission recommends APPROVAL of PUD-28, based an the following findings and subject to the following conditions: Findings : 1) The proposed planned industrial development at the subject location is desirable to provide a comprehensively and imaginatively designed facility which will contribute to the general well being of the community, t 4 E c € 11 3.1 I' l! 2: . 2; 2: 2: 2' 2i safety or general welfare of persons residing or working in The proposed development is not detrimental to the health, 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 of the zoning code and all minimum development standards-set forth in Section 21.34 are met by the proposed project as indieaced in the staff report, The proposed project is consistent with all elements of the General Plan, The applicant has agreed and is required by the inclusion of enable this body to find that public facilities wiL1 be; available concurrent with need as requkzed by the Genexaba. Plan, The project will. nat cause any signifLcant envirsmentaX impacts and a negative declasatian has heen issued by the Planning Director dated January 14, W8f, and approvedl by the: Planning Commission on February 25, E98P. I . !) 3) 1 2) 5) an appropriate condition to pay a public facilities fee, Performance of that contract and payment a€ the Eee will 1 \ . . I 6) 3) That the decrease of setback requirements of the PM Zcrne can be justified by the large amount of landscaping provided by the project and the provision of passive recreation areas. GenerzP Conditions 1) Asproval is granted for PUD-28, as shovm OR ExhibitCs) A, dated January 20, 1981, 3, C, E, F & G, dated December 29, 2980, and Exhibit I), da,ed January 30, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as sham anless otherwise riot& in these conditions, 2) All conditions of approval of Resalutlon No. 1771, far CT 80-4'9, are hereby incorporated by reference and sha3.1,be complied with in their entirety- Prior to the issuance of building permits, the applicant shall submit a final Planned Unit Development Plan, incorporating all changes required herein, for the appraval of the Planning Director. permitted uses, conditional uses, building height, outdoor storage and industrial waste discharge shall apply to the scbject property.' 3) 4) The standards of the P-M (Planned Industrial) zone regarding //// //// PC RES0 #1772 . -2- - *,b , .I .. .* 1 5) This project is approved upon the express condition that t, * 2 3 4 5 6 7 8 9 10 11 12 13 14 building permits shall not be issued far 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, If the City Engineer determines that sewer facilities are nut available, building- permits will not be issued. 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 incarporated herein by referencep and according to the agreement executed by the appliczrnt €or payment of said fee a copy of that agreement dated Decsmber 23, 1980, is on file with the City Clerk and incorporated herein by reference. this application will not be consistent with the General, Plan and approval for this project shall be void, 6) . If said fee is not paid as promised, PEanning Conditions 7) ' The applicant shall prepare a detaikd landscape andB irrigation plan which shall be sobmitted to and approved by the Planning Director prior to issuance sf building permits.. Said landscaping shall include mounding alang all street frontages. 1 i 3 I 15 t 8) ?=king lot trees shall be a minimum 15 gallon size, E 16 17 18 19 1 f 9) Ail landscaped areas shall be maintained in a healthy and -&iving condition, free from weeds, trash, and debris, &riy signs proposed for this development shall be designed require review and approval of 'ehe Planning Depaxrtmesrtprfor ! I I 10) 'r E I in conformance with the city's Sign Ordinance and shall, to installation Qf such signs. 9 20 21 22 I 11) A uniform sign program for this development shall be sub- t 1 . mitted to the Planning Department for their review and approval prior to occupancy-of any building, Trash receptable areas shall be enclosed by a 6 foot high nasonry wall with gates pursuant to city standards, 12) Location 23 of said receptacles shall be approved by the Planning 2 .t - &... \' .. " . .. .* 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 -3.5 3.6 14) The applicant shall submit a street name list-consistent Gith the city's street naming policy subject-to the Planning Director's approval prior to final map approval. The parking lot adjacent to Corte de-la Pina- on Lot C shall be signed as "EXeCUtiVe Use Only" to "&e satisfaction of the Planning Director prior to occupancy of-any buildiags on Lot "C". _. - -. - 15) - _. - -- . .- Engineering. Conditions .- -- 16) The loading docks for buildings A and D shall be modified so as to provide a mini"n-clear distance of -70 feet measured Bt-a-rZght angle from the face of the dock to the nearest bbstruction including parking stalls, Parking spaces 44 and 45 located adjaeeht' ta' RuiEding A shall be Qleleted. 18) Parking space 7 and parking space 73 adjacent to BufkXing C - -. shall- la-deleted. Parks Bnd- Recreation Conditions- - - 19) -_ - .- - -- -- - - - - . - - - - - -_ - - - -- -. -_ --__ 3.7) - I -- . -. __ -- .. .- ._ - .- - - - -_. -_ - _. - - -. - -_ - -_ _. -_ - - -__---- - - - - - ---- - -_ - --- ---_L- - __-- -- - - - -_ !' I Street-Erees shall-be planted 40'-ore eenter along a11 street firmtages, Variety and-placement of:trees-shal.l. be-approved by'Parks and Recreation Department prior to planting, %Ll slope- areas shall' be- lLand3eapW- wi&'&--minimuti 1 gallon tree or shrub every 225 sq.ft, The remainder of slope area shall'be hydroseeded with an approved seed mix-or-Qramdcover, i 20) 1 I -_ -- - __--_ -- - - -- - ._ --- - - - __ -- -_ $25 Zrrigated. -_