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HomeMy WebLinkAbout1980-07-15; City Council; Resolution 62401 2 3 4 5 6 7 8 9 10 11 12 0 19 20 21 22 23 24 25 26 27 28 I. ! RESOLUTION NO. 6240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-27) FOR AN 18-LOT PLANNED INDUSTRIAL SUBDIVISION AND APPROVING PLANNED UNIT DEWZLOPMENT PEWIT (PUD-19) FOR SAID PROJECT ON APPROXIMATELY 7.23 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF YARROW DRIVE AND CORTE DE LA PINA. APPLICANT: BIRTCHER PACIFIC. WHEREAS, on June 11, 1980, the Carlsbad Planning Commission adopted Resolution No. 1648 and Resolution No. 1649 recommending to the City Council that Tentative Subdivision Map (CT 80-27) and Planned Unit Development (PUD-19) for Birtcher Pacific for development of an 18-lot planned industrial subdivision on property generally located on the Northeast Corner of Yarrow Drive and Corte De La Pina, more particularly described as: Parcels A & B of Parcel Map No. 4713 being a resubdivision of Lot 2 of Carlsbad Tract 73-49, Map No. 8054 in the City of Carlsbad, County of San Diego, and WHEREAS,'the City Council of the City of Carlsbad, on July 1, 1980, held a public hearing to consider the recommendation and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-27) and Planned Unit Development Permit (PUD-19) ; and I 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 ifiled in compliance with the requirements of the I City of Carl bad Environmental Protection Ordinance of 1972; BE IT RESOLVED by the City Council of the 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 City of Carlsdad, California as follows: I A. B. Thad the above recitations are true and correct. Thai the findings of the Planning Commission in Resolution No.; 1648 and Resolution No. 1649 constitute the findings of the City Council in this matter. I C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the Conditions of Resolution No. 1648, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-27) and Planned Unit Development Permit (CP-19) are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1648, dated June 11, 1980, marked Exhibit A, I and Planning Commission Resolution No. 1649, dated June 11, 1980, marked Exhibit B, attached hereto and made a part hereof, and subject to the following condition which has been added to said Resolutions NO. 1648 and No. 1649: "This project, CT 80-27 and PUD-19, 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 such sewer facilities are availlable at the time of application for such permits and will, continue to be available until time of occupancy. If the qity Engineer determines that sewer facilities are not available, building permits will not be issued." PASSED, !APPROVED, AND ADOPTED at a regular meeting of the I City Counciliof the City of Carlsbad, California, on the 15th day /// /// /// 2. if July , 1980 by the following vote, to wit: AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin NOES : None ABSENT: None YTTEST : ALETHA L. MUTE (SEAL) 2. J 2 3 4 5 11 i I EXHIBIT A TO RESOeION NO. 6240 Planning Commission; and .. . . . . . . .. . . . . . . . .. . . .. . 'I i - 18 I PLANNING COP?zi.II:SSION RESOILJTICfN NO. 1648 _I A RE/WLUTIOW OF THE PI,A"ING COMMTSSI~N OF THE CITY1 OF CARLSBAD, CALIFORNIA, RECOLLIC.:ENDENG APPR'OVAL OF AH 18 LOT PLANNED INDUSTRIAL THE ,NORTHEAST CORNER OF YARROW DRIVE AND CORTE DE LA PIMA. DEVELOPLIIENT ON PROPERTY GENERALLY LOCATED ON APP~ICANT: BIRTCEER PACIFIC I I all testimony and arguments, if any, of all persons desiring to be I /heard, said Cdmmission considered all factors relating to the L I CAS€$ NO: CT 80-27 20 i 7 11 WHEREAS, a verified application for certain property, to Git I Tentative Tract E5ap. 8 9 Parcels A & B of Parcel Map No. 4713 being a resubdivision of Lot 2 of Carlsbad Tract 73-49, Map No. 8054 h-1 the City of Carlsbad, County of San Diego .12 13 WHERZAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and I I4Ii WEIER?3AS, the Planning Commission did, on the 11th day of '15 3.6 17 June, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, Ft said public hearing, upon hearing and considering 1 , NOW, TI-IE&FOP;E, BE IT HEREBY RESOLVED by the Planning Com- mission as fo~~ows: 1 23 //A) That the! above recitati0n.s are true and correct. I 2% 25 26 27 28 B) That based on the evidence presented at the public hearimg, t'he Commlission recommends APPROVAL of CT 80-27, based on the following findings and subject to the following conditions: j/ Findings -__- : I 1) The proqosed tentative map is consistent with the city's general plan since the site is designated by the land use plan fo~ planned industrial and, as conditioned, the project is consistent with a11 othcr general plan elcmcnts. 9 IC 11 .12 13 14 1E 17 3-E 3s 2c 21 22 22 24 25 26 27 2e ..~ ... The site is proposed si without imp: resources. The design environmen4 .. .. .. physically suitable for the type of development ce the property can accommodate the project cting surrounding property or any environmental f the project will not cause any significant 1. impacts since based on an i.nitia1 study of the project, i4cluding a field investigation of the site, the Planning D7rector has determine2 that the project will not result in any adverse environmental impacts and therefore has issuedla declaration of negative environmental impact on May 14, 1980, Log No, 700. The designlo€ the subdivision will not cause any serious health problems since the project meets all public health requirements The projec't is consistent with all city public facility policies apd ordinances since: 1 I Adequate sewer connections have been allocated for the droject. approved for the site. Adequate water, gas and electric servj-ce will be availablt to s4rve the development, All necessary public improvements will either 'be provitied or required as conditions of approval. In addition, septic systems have been , I The Fpplicant has agreed and is required by the inclusion of ap appropriate condition to pay a public facilities fee.1 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 requlired by the general plan. , 20x1 itions 1) Approval'is granted €or CT 80-27 as shown on Exhibit F to CT 80-27hPUD-19 dated June 5, 1980, on file in the Planning Department and incorporated by reference. All conditions of approval of Resolution No. 1649 for PUD-19 and Resolution No. 6009 for CT 79-14 shall be met. This appkoval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 20, 1979, on file with the CitylCLerk and incorporated herein by reference, and according to the agrecmeiit executed by the applicant for payment bf said fee. 1380, is' on file with the City Clerk and incorporated herein by refcr,ence. If said fee is not paid as promised, this applicatlion will not. bc consistent with the general- plan and the proj,cct cannot proceed and tliis approval shall be void. I 2) 3) A copy of that agreement, dated March 4, . - - --? ' I 2 3 7 8 9 JO 3.1 12 3.3 14 15 16 3.7 3.8 19 20 21 22 23 24 26 27 28 . EXHIBIT B T(PESOLUTI0N NO. 6240 1 A BESdLUTIqN OF THE PLANNING CO15iiISSION OF THE IF CARLSBAL), CALIFORNIA, RECOMMENDING APPR0,AL 8 OF A PLANNED UNIT DEVELOPMENT FOR AN 18 LO? PLIAWNEll INDUSTRTAL DEVELOPMENT ON PROPERTY YARROY DRIVE AND CORTE DE LA BINA. APPLICANT : BIRTCHER PACIFIC GENE~LLY LOCATED ON THE NORTHEAST COE~NEI~ OF CASE kJ0: PUD-19 I 1 WHEREAS , aJ verified application for certain property, to wit: I Parcels A :& B of Parcel Map No. 4713 being a resubdivision of Lot 2 df Carlsbad Tract 73-49 Map No, 8054 in the City of Carlsbdd, County of San Diego has been filed wieh the City of Carlsbad, and referred to the PI-anniny Commission; and lWEKEAS, Said verified application constitutes a request as provided by Title 21 of the 'Carlsbad Municipal Code; and WHEREAS, thc;. Planning Commission did, on the 11th day of June, 1980, 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 land arguments, if any of all persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Qevefopment; and I 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I Commission as/ follows: A) That the1 above recitations are true and correct. B) That haslcd on the evidence presented at the public hearing, the Coyli.ssion recommends APPROVAL of PUD-13, based on the followiqg findings and subjcct to-the Eollowing conditions: I Findings : I I 1) II The prodosed planned industrial development at the subject locatiorl is both necessary and desirable ta provide a c omp r eh 9 n s .i ve 1. y and i ma g j- n a t i. vc 1. y de s i cj n ed fa c i 1 it y w h i c h will coqtributc to the general well being of the community. I a 2 3 4 5 6 7 8 9 10 12 3.2 33 34 35 36 3.7 3.8 . 19 20 21 22 23 24 25 26 27 28 0 I . .. ..I . .., . . .. ._.. .... .I The propos4d development will nct be detrimental to the health safety or generql welfare of persons residing or working in the same vjcinity, nor would the project be injurious to property 09 improvements in this area. All designlcriteria set forth in Section 21.45.110, and all will be met, The propos$d project will be consistent with all elen?ents of the General Plan including the land use element which designates/ the site for planned industrial development. The applicant has agreed and is required by the inclusior, of an appropr$ate condition to pay a public facilities fee. Performancle 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 Based on an initial study of the project, including a'field investigation of the site. The Planning Director has determixred that the project will not result in any adverse environrcental impacts apd therefore has issued a declaration af negative environmental impact on Play 14, 1980, Log No, 700, I I minimum deyelnpment I standard.s set forth in Section 21.45 L20 I Conditions 1. Approval is granted for PUD-19, as shown on Exhibits A, B, D, E and F to CT 80-27/PUD-19 dated June 5, 1980, and Exhibit C to CT 80-27/PUD-19, dated May 5, 1980, on file in the Planning DepartmenF and incorporated by reference. . Development shall occur substantially as shown on these exhibits unless otherwis noted in khese conditions. Prior to the issuance of building permits, the applicant shall submit a final Planned Unit Development Plan, incorporating al. 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 'nd industrial waste discharge shall qpp1.y to the subject roperty. No encroachment into any required yard, other thin i is permitted by this application shall be allowed unless ajrevised Planned Unit Development application is appproved. A sign program for the entire development shall be subject to the revi w and approval of the Planning Director prior to the and well] integrated into the development. I issuanceiof e building permits. Said signs shall be low profile I //// //// -2- I 2 3 4 G U E 7 c I & S Prior to t submit a d consistent to the app tolerant p extent f ea of plant m lot lines. Al.1 roof t view and/o to the apF of buildin An all wea constructi All fire a automatic location approval E e issuance of building permits, the applicant shall tailed landscape and irrigation plan, generally with.Exhibits D and E dated June 5, 1980, subject oval of the Planning Director. ant species shall be utilized to the maximum ible. Said landscape plan shall erqhasize the use ter'ials which will screen the developnent along all Native drought p appurtenances shall he effectively screened from integrated into the design of the building, subjec oval of the Planning Director prior to the issuance permits. her access road shall be maintained throughout n as required by the Fire tlarshall, arm systems, fire hydrants, extinguishing systems, prinklers, and other systems pertinent to the hall be submitted to the Fire Department for - aior to construction, When any qortion of a building is in excess of 150' from a water supgly on a publicc street, there shall be provided, on-site hqdrants and mains capable of supplying the required fireflow, when required by the Chief. Water for ifire protection shall be available for use on-site before any combustibles are located on-site, as required by the Fire Marshall. In order to provide for fire protection, adequate fire hydrant with required fire flow shall be installed on and off site as required qy the Fire Marshall, Fire retardent roofs shall be required on all structures. All condiiions of approval of ,Resolution No. 16.48, for CT 80-27 and Resolution No. 6009 for CT 79-14, shall be met, Failure t6 do so shall void this Planned Unit Development approval.1 This project is approved upon the express condition that the app1icant;shall pay a public facilities fee as required by City Counpil Policy No. 17, dated August 29, 1979, on file with the @ity 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 March 3, 1980, is on file with the City Clerk and is incorporated herein bylrefercncc. this applFcation will not be consLstent with the General Plan and approval for this project shall be void. required !for all future development of this property for whicl a building permit has not been issued. - A.. I If said fee is not paid as promised, This fee is L'C RESO tflG49 ' -3- .. * I I 1 15) The "picni4 area" 1-ocated at the southwest cmner of 2 3 4 6 8 the proper y and also adjacent to the south of Building required u K der Condition No. 5. 17, and th 3-andscape area located at the northeast corner of the property, as shall be improved as picnic areas for brnployees of the development. This shall be indicated n the final landscape and irrigation plan 16) All I-ightikg o€ buildings and parkings areas shal.1 be directed away from hdjacent properties in order to avoid any un- desirable /impacts to such properties, 17) Per the recpirements of the P-$1 zone, noise emana.ting fro" the proje 7 It shall not exceed a level of 45 dBA at any property line. I 10 13- 12 13 14 15 3.6 17 - l8I 3-9 20 21 22 and covendnt I conditions and restriction for the development prior to the issuance of building permits subSect to the Planning Dixector's approval. Said GCStR'S shall ensure the maintenance of all common areas and building exteriors, and that propkr signing €or traffic circulation is provided, PASSED, APPROVED AND ADOPTED at a regular meeting of the I Planning Commission of the City of Carlsbad, California, held on the 11th day 0% June, 1980, by the following vote, -to wit: I I I AYES: I NOES: None ABSENT: 1 Romhotis ABSTAIN: 1 None Schick, Larson, Friestedt, Marcusp Leeds and Jose I I I I ~ 1 I ATTEST : I I /' v2 6 27 28 I ~ I PC RES0 ill649 I -4-