HomeMy WebLinkAbout1982-08-25; Planning Commission; Resolution 1995! 3
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PLANNING COMMISSION RESOLUTION NO. 1995
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED UNIT DEVELOPMENT TO CREATE 7 INDUSTRIAL LOTS AND 1 OPEN SPACE LOT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD TO THE WEST OF PALOMAR OAKS
WAY. APPLICANT: BIRTCHER BUSINESS CENTER CASE NO: CT 82-4/PUD-38
WHEREAS, a verified application for certain property
wit:
A portion of Lot "G" of the Rancho Agua Hedionda,
according to map thereof, No. 823, filed in the Offic the County Recorder, November 16, 1896
has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a reqt
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 11th da]
August, 1982, and on the 25th day of August, 1982, hold a dull
noticed public hearing as prescribed by law to consider said
request; and
JVHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persor
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Developmc
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin!
commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearil the Commission hereby APPROVES CT 82-4/PUD-38, based on i
following findings and subject to the following conditio]
Findings:
1) The proposed tentative map is consistent with the city's
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General Plan since the site is designated by the land usc
for planned industrial and, as conditioned, the project :
consistent with all other general plan elements.
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2) The site is physically suitable for the type and density
development since the site is adequate in size and shape
accommodate industrial development as proposed.
3) The project is consistent with all.city public facility I
icies and ordinances since:
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a) The Planning Commission has, by inclusion of an apprc condition to this project, insured that the final ma]
not be approved unless the City Council finds that sf
service is available to serve the project. In addit: the Planning Commission has added a condition that i shall be placed on the final map that building permii not be issued for the project unless the City Enginec determines that sewer service is available, and builc cannot occur within the project unless sewer service
remains available, the Planning Commission is satisf that the requirements of the public facilities elemel
the General Plan have been met insofar as they apply
sewer service for this project.
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b) All necessary public improvements have been provided will be required as conditions of approval.
c) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitil Performance of that contract and payment of the fee
enable this body to find that public facilities will
available concurrent with need as required by the Ge: Plan.
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22 5) This project as conditioned will not cause any significa.
environmental impacts and a Negative Declaration has bee,
23 issued by the Planning Director on July 14, 1982 and app
by the Planning Commission on August 11, 1982.
24 6) The proposed development is not detrimental to the healt:
25 safety or general welfare of persons residing or working
the same vicinity, nor would the project be injurious to
26 property or improvements in this area.
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d) Assurances have been given that adequate sewer for tl
project will be provided by the city of Carlsbad.
4) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fo, industrial development on the General Plan.
7) All design criteria set forth in Section 21.45.110 and a
minimum development standards set forth in Section 21.34 met by the proposed project as indicated in the staff re
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1 Conditions
2 /I General Conditions:
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1)
2)
Approval is granted for CT 82-4/PUD-38, as shown on Exhil
"A1', dated February 15, 1982, incorporated by reference i
file in the Planning Department. Development shall occl stantially as shown unless otherwise noted in these cond:
tions.
This project is approved upon the express condition that
final map shall not be approved unless the City Council :
as of the time of such approval that sewer service is av( to serve the subdivision.
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3) This project is approved upon the express condition that building permits will not be issued for development of tl
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subject property unless the City Engineer determines tha,
facilities are available at the time of application for ~
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sewer permits and will continue to be available until ti! occupancy. This note shall be placed on the final map.
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This project is approved upon the express condition that
applicant shall pay a public facilities fee as required 1 Council Policy No. 17, dated April 2, 1982, on file with City Clerk and incorporated herein by reference, and accl to the agreement executed by the applicant for payment o fee a copy of that agreement dated March 5, 1982, is on with the City Clerk and incorporated herein by reference said fee is not paid as promised, this application will
consistent with the General Plan and approval for this p shall be void.
Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl, ordinances in effect at time of building permit issuance
l9 is) Per the requirements of the P-M zone, noise emanating frl I line. 20 project shall not exceed a level of 45 dBA at any proper
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7) The applicant shall establish an owner's association wit
corresponding covenants, conditions and restrictions. S CC&R's shall be submitted to and approved by the Plannin
Department prior to final map approval. Said CC&R's sha
contain a provision prohibiting parking on the street an
ensuring enforcement of this prohibition to the satisfac the city. The CC&R's shall also contain a provision whi
specifically ensures that the owners will continue to ma all drainage improvements and facilities and allows the enforce said provision if necessary. The city shall hav right to enter upon the property to maintain the drainag facilities if the developer or subsequent owners fail to
and charge the cost for said maintenance to developer or subsequent owners. This condition is included pursuant Public Resource Code Section 30170(E). I C RES0 NO. 1995 -3-
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9) The applicant shall prepare a detailed landscape and irr 3
Planning Department
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Director prior to the issuance of building permits. Thi plan which shall be submitted to and approved by the Pla
determine which trees shall be required prior to the iss, to the Planning Department as part of the final grading : 7
IO) A Master Plan of the existing on-site trees shall be pro' ' open space lot; Lot 8. landscape plan shall include the proposed treatment of t
first. of a grading permit or a building permit, whichever occu' 8
11) All landscaped areas shall be maintained in a healthy an1 9
8) Whenever possible, the existing live oaks on site shall
preserved.
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l3 13) A uniform sign program for this development shall be sub:
14 to the Planning Department for their review and approval to occupancy of any building.
l5 14) Trash receptacle areas shall be enclosed by a 6 foot higl
16 masonry wall with gates pursuant to city standards. Loci
of said receptacles shall be approved by the Planning
17 Director.
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thriving condition, free from weeds, trash, and debris.
12) Any signs proposed for this development shall be designe'
conformance with the city's Sign Ordinance and shall req
review and approval of the Planning Department prior to
stallation of such signs.
15) All roof appurtenances, including air conditioners, shal:
architecturally integrated and shielded from view and thc
buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Dirt I
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16) Approval of this tentative tract map shall expire twenty. months from the date of City Council approval unless a f
map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied a. discretion of the City Council. In approving an extensic City Council may impose new conditions and may revise ex1 conditions.
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by Section 11.06.170(a) of the Carlsbad Municipal Code.
18) The grading for this project is defined as "controlled gl 27
Commencement of any clearing or grading of the site. 26
17) The developer shall obtain a grading permit prior to the
Grading shall be performed under the observation of a ci.c
engineer whose responsibility it shall be to coordinate 5
inspection and testing to insure compliance of the work \
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1 19) No Grading shall occur outside the limits of the subdivis unless a letter of permission is obtained from the owners
2 the affected properties.
3 20) Additional drainage easements and drainage structures sha provided or installed as may be required by the County
neer. 4 Department of Sanitation and Flood Control or the City En
5 21) The developer shall pay the current local drainage area f
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of Carlsbad Standards as required by the City Engineer. 7
prior to approval of the final map or shall construct dre systems in conformance with the Master Drainage Plan and
8 22) Land for all public streets and easements shown on the tc
tative map shall be dedicated on the final map and shall
9 granted to city free and clear of all liens and encumber:
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23) Direct access rights for all lots abutting Palomar Airpoi Road shall be waived on the final map.
24) All public streets shall be improved by the developer ba: the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to oca of any buildings.
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Palomar Airport Road shall be improved by the developer t
the subdivision frontage based on a centerline to curb fl
width of 67 feet and in conformance with City of Carlsbac Standards prior to occupancy of any buildings.
The developer shall comply with all the rules, regulatio~ design requirements of the respective sewer and water agl regarding services to the project.
All private terrace drains and storm drainage systems sh maintained by the property owners association (if on corn owned property) or the individual property owner (if on individually owned lot). An appropriately worded statem
clearly identifying the responsibility shall be placed i
CC&R's,
22 28) The curb return radius from Palomar Oaks Way onto West C
in order to provide for truck turning movements. The mi 23
Way shall be modified to the satisfaction of the City En
allowable radius (even if a compound curve is utilized)
24 be 35 feet.
25 29) West Oaks Way shall be modified by revising the 200 foot
curve shown adjacent to lot 6 to a 300 foot radius minin
26 the satisfaction of the City Engineer.
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30) Water shall be provided by the city of Carlsbad unless so other arrangement is approved by the City Council.
31) West Oaks Way shall be dedicated to the City based on a r of-way width of 33 feet plus additional easements for str
purposes of 3 feet on one side and 5 feet on the other si prior to approval of the final map. !L Fire 8 9
A temporary cul-de-sac bulb shall be constructed at the F end of Unit No. 1 on West Oaks Way as part of the street
improvements of Unit No. 1. A temporary cul-de-sac bulb
shall be constructed at the west end of Unit No. 2 on We: Oaks Way as part of the street improvements of Unit No, :
the temporary bulb in Unit No. 1 shall be removed. At SI time as West Oaks Way becomes a through street the tempo]
cul-de-sac bulb shall be removed.
Department
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33) A temporary 35' radius cul-de-sac shall be constructed ai
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34) Additional public and/or on-site fire hydrants are requi
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35) Access and/or circulation for emergency vehicles is inad
36) Submit two (2) copies of a site plan showing locations o
15 existing and proposed fire hydrants and on-site roads an
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17 construction.
quate.
drives.
37) An all weather access road shall be maintained throughou
18 38) All required fire hydrants, water mains and appurtenance
be operational prior to combustible building materials IC 19 located on the project site.
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r Brush clearance shall be maintained within a minimum dis of 30 feet to each residence.
0) All fire alarm systems, fire hydrants, extinguishing sy: automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for a$ prior to construction.
24 41) Building exceeding 10,000 sq.ft. aggregate floor area si
therein which shall split the building into 10,000 sq.f. 25
sprinklered or have four-hour fire walls with no openin(
less) areas.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the city of Carlsbad, California, held
3 II 25th day of August, 1982, by the following vote, to wit:
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AYES: Commissioners Marcus, Jose, Rombotis, Frie and Raw1 ins
NOES : None
t3 I/ ABSENT; Chairman Farrow; Commissioner Schlehuber
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ABSTAIN : None
XI. I1 ATTEST:
1k.2
ING COMMISSION
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13 1 ZMIL~R, Secretsry
14 CARLSBAD PLANNING COMMISSION
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