HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4278t ll e a
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PLANNING COMMISSION RESOLUTION NO. 4278
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO ACCOMMODATE
AN OFFICE AND WAREHOUSE FACILITY ON PROPERTY
GENERALLY LOCATED AT THE TERMINUS OF NEWTON
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: NEWTON BUSINESS CENTER
CASE NO: HDP 97-18
WEREAS, Hill Pinkert Architects, Developer’s agent, has filed 2
application with the City of Carlsbad regarding property owned by Intel
Developments, Inc., “Owner”, described as
All that portion of Lot “F” of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the office of the
County Recorder of San Diego County, November 16, 1896
excepting therefrom that portion lying within Carlsbad Tract
No. 83-25, in the City of Carlsbad, County of San Diego, State
of California according to map thereof No. 11278, filed in the
office of the County Recorder of San Diego County, July 9,
1985. Said parcel of land is also known as County of San Diego
Assessor’s Parcel Numbers 212-050-41 and 212-050-43.
“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “I” dated May 6,1998, on file in the
Planning Department, NEWTON BUSINESS CENTER, HDP 97-181, as provided by
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of May, 1998,
said request; and
WHEREAS, at said hearing, upon hearing and considering all testirr
arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Hillside Development Permit; and
i
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES NEWTON BUSINESS CENTER, HDP 97-18 basec
following findings and subject to the following conditions:
Findings:
1. That hillside conditions have been properly identified on the constraints map wh
existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been
identified on the constraints map;
3. That the development proposal is consistent with the intent, purpose, and require
the Hillside Ordinance, Chapter 21.95, in that: a) the grading design avoi
slopes except for small isolated areas; b) manufactured slopes exceed 3(
height up to a maximum of 40' at one location along the northeastern en
building pad due to the necessity to create a developable industrial build.
The project is designed so that the increased slope height within the dev
mesa portion of the site enables the preservation of 5 acres of the 16.11 acr
permanent open space; c) manufactured slopes are contoured into the
topography of the remaining undisturbed slopes; d) grading quantities '
cubic yards/acre are within the acceptable range; e) adequate slope setb:
provided; and f) development of dual criterion slopes is consistent with the
LCP restrictions allowing a maximum of 10% disturbance.
4. That the proposed development or grading will not occur in the undevelopable PC
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal
that except for exempt areas of isolated 40%+ steep slopes scattered throug
developable portion of the site which individually do not exceed 4,000 squal
area and average 15' in height.
5. That the project design substantially conforms to the intent of the concepts illus
the Hillside Development Guidelines Manual, in that grading follows the
contours, the industrial structure is setback from the top of manufacturec
and all manufactured slopes will be screened with landscaping that inc
combination of ground cover, shrubs, and trees.
6. That the project design and lot configuration minimizes disturbance of hillside
that the majority of 40%" slopes and dual criterion slopes are preserved
space.
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PC RES0 NO. 4278 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Hillside Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any
development different from this approval, shall require an amendment to this app
2. Approval of HDP 97-18 is granted subject to the approval of CDP 97-35 and
07. HDP 97-18 is subject to all conditions contained in Planning Con
Resolution Nos. 4277 for the Mitigated Negative Declaration, 4279 for the
Development Permit, and Planned Industrial Permit letter, dated May 7, 19’
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from May 6,1998 to protest imposition of these feedexactions. If yc
them, you must follow the protest procedure set forth in Government Code Section 6602
file the protest and any other required information with the City Manager for proc
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fo.
procedure will bar any subsequent legal action to attack, review, set aside, void, or ar
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
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PC RES0 NO. 4278 9 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 6th day of May 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, J
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEY NOB@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
t
MICHAEL J. HWZMILYER
Planning Director
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PC RES0 NO. 4278 -4-