HomeMy WebLinkAbout1980-10-22; Planning Commission; Resolution 1717*, r. e e
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PLANN'ING COMMI'SS.I:ON. 'RESOLUTION NO. 17 17
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR A
20 LOT PLANNED UNIT INDUSTRIAL DEVELOPMENT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF PALOMAR AIRPORT ROAD, EAST OF YARROW DRIVE IN THE P-M ZONE. APPLICANT: BIRTCHER
CASE NO: PUD- 2 2
WHEREAS, a verified application for certain property, to
Parcel 2 of Parcel Map No. 1110 filed in the Office of
the County Recorder of San Diego, November 10, 1972
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 22nd day of
October, 1980, hold a duly noticed public hearing as prescribl
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and consid!
all testimony and arguments, if any of all persons desiring tl
heard, said Commission considered all factors relating to the
Planned Unit Development; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public heari
the Commission recommends' APPROVAL of PUD-22, based on t
following findings and subject to the following conditio
'Firidi'ngs:
1) The proposed planned industrial development at the subje location is both necessary and desirable to provide a
comprehensively and imaginatively designed facility whic
will contribute to the general well being of the communi
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3)
The proposed development is not detrimental to the health
safety or general welfare of persons residing or working
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 a1
minimum development standards set forth in Section 21.34
are met by the proposed project as indicated in the staff
report.
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4) The proposed project is consistent with all elements of t
General Plan.
a 5) The applicant has agreed and is required by the inclusior
an appropriate condition to pay a public facilities fee.
9 Performance of that contract and payment of the fee will enable this body to find that public facilities will be
10 available concurrent with need as required by the General
11 6) Based on an initial study of the project, including a fie
investigation of the site, an archaeological survey, and
12 agricultural feasibility report, the Planning Director hz
determined that the project will not result in any adverE
13 environmental impacts and therefore has issued a declarat
of negative environmental impact on October 1, 1980, Log
14 No. 761.
15 11 ,Conditioas,:
16 dated October 17, 1980, and Exhibits "B" and 'IC"
17 dated September 18, 1980, on file in the Planning Departn
and incorporated by reference. Development shall occur
substantially as shown on these exhibits unless otherwisc l8 1 noted in these conditions.
l9 I 2) Prior to the issuance of building permits, the applicant
20 submit a final Planned Unit Development Plan, incorporati
all changes required herein, for the approval of the
21 Planning Director.
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1) Approval is granted for PUD-22, as shown on Exhibit "A",
3) The standards of the P-M (Planned Industrial) zone regarc
permitted uses, conditional uses, building height, outdoc
storage and industrial waste discharge shall apply to tht
subject property.
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4) This project is approved upon the express condition that
building permits shall not be issued for development of 1
subject property unless the City Engineer determines thai sewer facilities are available at the time of applicatiol for such sewer permits and will continue to be available
until time of occupancy. If the City Engineer determine! that sewer facilities are not available, building permit! will not be issued.
~ PC RES0 #1717 -2-
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5) A detailed landscaping plan which includes substantial la scaping on the slope along 'Palomar Airport Road shall be
submitted to and approved by the Planning Department pric
approval of a final map.
6) All conditions of approval of Resolution No. 1716, for
CT 80-38 shall be met. Failure to do so shall void this Planned Unit Development.
7) This project is approved upon the express condition that
applicant shall pay a public facilities fee as required 1
City Council Policy No. 17 dated August 29, 1980, on file
with the City Clerk and incorporated herein by reference,
according to the agreement executed by the applicant for
payment of said fee a copy of that agreement dated Septen
2, 1980, is on file with the City Clerk and is incorporat herein by reference. If said fee is not paid as promisei this application will not be consistent with the General Plan and approval for this project shall be void. This j is required €or all future development of this property j
which a building permit has not been issued.
8) Per the requirements of the P-M zone, noise emanating frc
the project shall not exceed a level of 45 dBA at any
property line.
9) The applicant shall establish an owner's association wit!
corresponding covenants, conditions and restrictions. Said CC&R'S shall be submitted to and approved by the P1t Department prior to final map approval. Said CC&R*S sha: contain a provision prohibiting parking on the private si
and ensuring enforcement of this prohibition to the
satisfaction of the city. The CC&R'S shall also contain
provision which specifically ensures that the owners wil:
continue to maintain all drainage improvements and facil
and allows the city to enforce said provision if necessa:
The city shall have the right to enter upon the property
maintain the drainage facilities if the developer or sub
sequent owners fail to do so and charge the cost for sail maintenance to developer or subsequent owners. This con' is included pursuant to Public Resource Code Section 301
10) Whenever possible, the existing live oaks on site shall
preserved.
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PC RES0 #1717 -3-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 22nd day of October, 1980, by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held
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AYES ; Commissioner Rombotis, Friestedt, Jose, Larsm,
NOES : Commissioner Schick
Leeds .
6 I1 ABSENT: Commissioner Marcus.
7 ABSTAIN : None.
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l1 ll ATTEST:
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;\ \ & ,; j 5. ’ .%A+ bLL.>, UI
kDWIN S. SCHICK, JRI , phair
CARLSBAD PLANNING Cdy
\,Ys,,
COMMISSION
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