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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. ;, • O . CD _CO g •IE CM • Sj < "> ~t Ul ^ |fe|| 5 0 j J 0 oc - m It -3b tt u -.-,, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 • 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 (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: - < oll 8 10 11 12 13 14 t 15 5 ' ill 52 XZ. r; o Q ||"§ > t- ec u 16 17 18 19 20 21 22 23 24 25 26 27 28 /•"•s 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 * of Sections 21107.5 or 21107.6 of the California Vehicle Code." 2. oi • «> o-^l| o i | " 0 3 IJ"-••; § 5 * z l°"1s"! > < tc t • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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) • ' ' 3. ... 1 a 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 SO 21 22 23 24 25 26 27 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 •Q 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 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 4 5 6 7 8 9 10 IX 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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) 11) 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. , £1 "771 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 13 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 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: ' ' . • 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. 1 2 3 4 5 6 7 8 9 IP 11 12 13 14 15 16 17 18 19 20 21 22 23 •24 25 26 27 28 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) 2) 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- 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. • PC RESO 81772'-3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 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 //// PC RESO 11772 -4- * 1 2 3 4 5 6 7 8 9 10 12 13 15 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12o I § 13 £ < o> d " 3 I 14o o I p2 * UJ SE ig<§ 15u: . |< z £ 8 d 16 UJ 2 W <£0 £ " S -° 3 17> H C J-< U 18 19 20 21 22 23 24 25 26 27 28 w 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 O 3 4 5 6 7 8 9 10 11 12 . 13CO</}_1 5= < « fs 11 14 Igjf 15 .' uu O z|8o 16Ul Z CM rfMri » 18 19 20 21 22 23 24 25 26 27 28 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). -2- £