HomeMy WebLinkAbout1981-04-07; City Council; 6538-1; 6 Lot Industrial Tract Map & Planned Unit Develop>«**
CITY OF CARLSBAD
AGENDA BILL NO. 6538-Supplement 1 t' Initial:
-.,„„, Dept.Hd,April 7, 1981 * •
C. Atty.
DEPARTMENT City Attorney c< Mgr<
CORPORATION
Statement of the Matter
The City Council, at your March 17, 1981 meeting, directed
the City Attorney to prepare the necessary documents
approving Tentative Subdivision Map . (CT 80-47) and Planned
Unit Permit (PUD-28) . The resolution of approval is
attached.
A resolution declaring that the private streets will be
generally open for public use and therefore subject to the
provisions of the California Vehicle Code is also attached for
your consideration. This resolution may be adopted after a
public hearing, which has been noticed for this meeting.
Exhibit
Resolution No./^«-/ffi, approving CT 80-47/PUD-28 .
Resolution No.^r^^^l , designating certain private streets
as open to public and subject to
City traffic control.
Recommendation
If the City Council concurs, your action is to. adopt
Resolution No.frM?^ approving CT 80-47 and PUD-28
and Resolution No. blflQ designating certain private
streets as open to the public.
Council Action;
4-7-81 Council adopted Resolution No. 6478 and 6479.
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RESOLUTION NO. 6478
A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, 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
DEVELOPMENT COMPANY.
WHEREAS, on February 25, 1981, the Carlsbad Planning
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Commission adopted Resolution No.1771 and Resolution No. 1772
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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
(PUD-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:
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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 Building"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
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of Sections 21107.5 or 21107.6 of the California
Vehicle Code."
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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 7th
day of April , 198.1 by the following vote, to wit.:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT : None
/^ /?/ //?/? ^
^C^^^^/^^^L^L^•"RONALD C. PACKARD, Mayot
ATTEST: •
d&JcL. ^ fatdkJLc^
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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COPY
o - •
EXHIBIT A TO CITY COUNCIL
RESOLUTI9N NO'.. 6478
PLANNING COMMISSION RESOLUTION NO. 1771
wit:
A RESOLUTION OF THE PLANNING COMMISSION OF. THE
QITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP TO
CREATE SIX INDUSTRIAL LOTS ON PROPERTY
' GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE
DE LA PINA BETWEEN YARROW DRIVE AND EL CAMINO
REAL.
APPLICANT: ANDREX DEVELOPMENT COMPANY
CASE NO; . CT 80-47
WHEREAS, a verified application for certain property to,
Lot 8 of Tract 73-49 according to Map 8054 filed
December 31, 1974 .
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 25th day of
February 1981, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to
the Tentative Tract Map. •
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 hearing,
the-Commission recommends APPROVAL of CT 80-47, based on
the following findings and subject to the following conditior
Findings; ' ' .
1) The proposed tentative map is consistent with the city's
ansince the site is designated by the land use
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plan for planned industrial and, as conditioned, the project
is consistent with all other general plan elements.
2) 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.
"3) The design of the subdivision will not cause any serious
health problems since the project meets all public health
requirements. . .
4) The project is consistent with all city public facility
policies and ordinances 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 facilities
fee. Performance of that contract and payment of the
fee will enable this body to find that all other public
facilities will be available concurrent with need as
required by the general plan.
5) 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,
General Conditions:
1) Approval is granted for CT 80-47, as shown on Exhibit(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 o-ccur substantially as shown
unless otherwise noted in these conditions.
2) All conditions of approval'of Resolution No. 1772, for
PUD-28, are hereby incorporated by reference and shall be
complied with in their entirety.
3) This project is approved upon the express condition that the
final map shall not be approved unless the City Council fine
as of the time of such .approval that sewer service is
available to serve the subdivision.
4) 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 f
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such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final
map. .
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, 1980t 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 . .
8) The applicant shall install all the necessary drainage
facilities to remove both the on-site .storm flows and the
off-site storm flows that dnin onto the property and shall
repair any existing on-site drainage facilities to the
satisfaction of the City Engineer.
9) The developer shall obtain a grading permit prior to the
commencement of any clearing, or grading of the site.
10)
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12)
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.
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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. .
14) The design of all private streets and drainage systems
shall be approved by the City Engineer prior to approval o.f
the final map. The structural section of all private
streets shall conform to city of Carlsbad Standards based on
R-value tests.. All private streets and drainage systems
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. . •
15) All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This
responsibility shall be clearly stated in the CC&R'S.
16) The median island shall have a left turn pocket for
traffic entering Lot:3, subject to the approval o.f the
City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of .the City of Carlsbad, California, .held on
the 25th day of February, 1981, by the. following vote, to wit:
AYES: MARCUS, LARSON, LEEDS, JC3E, FRIESTEDT, L'HEUREUX
NOES: NONE ' . . ' . •
ABSENT: RQMBOTIS • ' •
ABSTAIN: NONE ' '
ATTEST:
MARY MARCUS, Chairman
CARLSB&y PLANNING COMMISSION
JAMES. C. HAGAMAN,,,Secretary
•'CARLSBAD PLANNING/COMMISSION
PC RESO #1771 -4-
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EXHIP-«*8 B TO CITY COUNCIL
""" RESoWflON NO. 6478
PLANNING COMMISSION RESOLUTION NO. 1772
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
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 DEVELOPMENT COMPANY
CASE NO; PUD-28
WHEREAS, a verified application for certain property, to
wit:
Lot 8 of Tract 73-49 according to Map 8054 filed
December 31, 1974
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 25th day of
February, 1981, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be 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 hearing
the Commission.recommends APPROVAL of PUD-28, based on the
following findings and subject to the following conditions:
Findings: '
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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.
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2) The proposed development is not 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.
3) 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 indicated
in the staff report.
4) The proposed project is consistent with all elements of the
General Plan.
5) 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 facilities will be
available concurrent with need as required by the General Plan
6) The project will not cause any significant environmental
impacts and a negative declaration has been issued by the
Planning Director dated January 14, 1981, and approved by the
Planning' Commission on February 25, 1981.
1) That the decrease of setback requirements of the PM Zone can
be justified by the large amount of landscaping provided by
the project and the provision of passive recreation . areas .
General Conditions .
1)
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3)
4)
Approval is granted for PUD-28, as shown on Exhibit (s) A, \
dated January 20, 1981, B, C, E, F & G,. dated December 29, ]
1980, and Exhibit D, dated January 30, 1981, incorporated by j
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. 1771, for
CT 80-47, are hereby incorporated by reference and shall 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 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.'
PC RESO #1772 -2-
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5) This project is approved .upon the express condition that
building permits shall 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. If the City Engineer determines
that sewer facilities are not available, building'permits
will not be issued. .
6) 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.
Planning Conditions .
7) The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved by
the Planning Director prior to issuance of building permits.
Said landscaping shall include mounding along all street
frontages. . -
8) Parking lot trees shall be a minimum 15 gallon size.
9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris..
10) Any signs proposed for this development shall be designed
in conformance with the city's Sign Ordinance and shall
require review and approval -of the Planning Department prior
to installation of such signs.
11) A uniform sign program for this development shall be sub-
mitted to the Planning Department for their review and
approval prior to occupancy.of any building.
12) Trash receptable areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards. Location
of said receptacles shall be approved by the Planning
Director. • - ,
13) 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. •
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14) The applicant shall submit a street name list- consistent
with the city's street naming policy subject to the
Planning Director Vs approval prior to final map approval.
15)- The parking lot adjacent to Corte de-la Pina- on Lot C shall
be signed as "Executive Use Only" to the satisfaction of
the Planning Director prior to occupancy of any buildings on
Lot "C".
Engineering ; Conditions • " "."••" " - - " * - " .---"
16) The loading docks for buildings A and D shall be modified
so as to provide a minimum- clear distance of !70 feet measured
at-" a "right angle" from the face of the dock to the nearest
obstruction including parking stalls . - - ' - - " ' - : - '
17) Parking spaces 44 and 45 located adjacent" to" Building A shallbe deleted. ._.:...-._ — -_. . ±.;.,...
18) Parking space 7 and parking space 73 adjacent to Building C
- "'shall' be deleted.
Parks ahd~ Recreation Conditions; ' •--'-"-• — " .-r.z.=.z^-z~. =;: . _
19) Street" trees shall~ be planted 40* "on center along all street
frontages . Variety and: placement of- trees" shall be" approved
by" Parks and Recreation Department prior to planting.
20) All slope- areas shall be Landscaped" withr a- minimum 1 gallon
tree or shrub every 225 sq.ft. The remainder of slope area
shall: be hydroseeded with an approved" seed mix "or- groundcover ,
and irrigated* -"--- -;'--" '.'--• - ~- - — '-~ •- -- —
21)All irrigation lines adjacent to sidewalks or curbs must be
installed 12" back from concrete edge. " '- " -r
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PC RESO 11772 -4-
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22) .The private street shall be posted "No Parking" and a
provision 'shall be placed in the CC&R'S to prohibit parking
on the street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 25th day of February, 1981, by the following vote, to wit:
AYES: MARCUS, LARSON, LEEDS, JOSE, FRIESTEDT, L'Heureux
NOES: NONE
ABSENT: RQMBOTIS •
ABSTAIN: NONE
'ft^L^A *//V--*^tX»-A
MARY MARCfSTChairman
CARLSBAD PLANNING -COMMISSION
ATTEST:
s*
.'
JAMES C. HSGAMAN, ./Secretary
JZARLS3AD PLANNING COMMISSION
PC RESO #1772 -5-
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RESOLUTION NO.6479
•A RESOLUTION OF THE CITY COUNCIL OF THE
THE CITY OF CARLSBAD, CALIFORNIA, DESIG-
NATING CERTAIN PRIVATE STREETS AS OPEN
TO THE PUBLIC AND SUBJECT TO CITY TRAFFIC
. CONTROL.
WHEREAS, the City Council of the City of Carlsbad, California
,has approved a tentative tract map and planned unit development
permit (CT 80-47/PUD-28) for a certain 6-lot industrial development
in the City of Carlsbad; and
WHEREAS, said tentative tract map and planned unit development
provide for private streets to serve the development; and
WHEREAS, after a duly noticed public hearing the City Council
of the City of Carlsbad has found and determined that the private
streets shown on said tentative map and planned unit development
permit: .
A. Are privately owned and maintained roads within the City
of Carlsbad.
B. Will be generally held open for the use of the public
for purposes of vehicular travel to serve commercial establishments
C. Will be so connected with highways that the public
cannot determine that such roads are not highways.
WHEREAS, the owner of the privately owned and maintained
street has agreed on behalf of itself and its successors to waive
any a-nd all rights it may have under the provision of Sections
21107.5(b) or 21107.6(b) of the California Vehicle Code, as
required by City Council Resolution No.6478 approving said
tentative tract map and planned unit development permit; and
WHEREAS, the City Council cr£ the City of Carlsbad is
authorized to adopt this resolution by California Vehicle Code
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Section 21107.5 or Section 21107.6;
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 privately owned and maintained streets
'shown on Tentative Tract Map CT 80-47 and Planned .Unit Development
Permit PUD-28 will generally be held open to the public for
purposes of vehicular travel to serve commercial establishments
and that such streets are so connected with highways that the
public cannot determine such streets are not'highways.
3. That the provisions of the California Vehicle Code
shall apply to the privately owned and maintained streets shown
on Tentative Tract Map CT 80-47 and Planned Unit Development
PUD-28. '
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
7th day of April , 1981, by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
DONALD C . PACKARD , Mayor
ATTEST:
A
ALETHA L. RAUTENKRANZ, City Cle]
(SEAL).
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