HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4279). /I e @
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PLANNING COMMISSION RESOLUTION NO. 4279
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT NO. CDP 97-35 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. : CDP 97-35
WHEREAS, Hill Pinkert, Developer’s agent, has filed a verified ay
with the City of Carlsbad regarding property owned by Industrial Developments Inter]
“Owner”, described as
All that portion of Lot “F” of Rancho Agua Hedionda, in the
City of Carlbad, 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 Exhibits “A” - “I“ dated May 6, 1998, on file in the
Department, NEWTON BUSINESS CENTER, CDP 97-35, as provided by Chapter 21
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of May 199
duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Corn
APPROVES NEWTON BUSINESS CENTER, CDP 97-35, based
following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I1 segmen
Certified Local Coastal Program and all applicable policies and the Coastal R
Protection Overlay Zone (Chapter 21.203 of the CMC) in that:
a) The project would preserve steep slopes possessing coastal sage scr
chaparral plant communities (dual criterion) within the undeveloped por
the site. The industrial development would disturb small isolated areas
criterion slopes located along the site’s southeastern and northern
boundaries. These areas of disturbance consist of 9.5% of the site
criterion slopes; therefore, the project would not exceed the Mello :
segment provision allowing 10% disturbance to enable reasonable us(
property. The project is designed to minimize disturbance of dual CI
slopes in that development will occur on the flattest area of the site, b
coverage is limited to 20% although the P-M zone permits 50%, and distu
of the isolated dual criterion slopes is necessary to provide the r(
circulation aisles and parking spaces to serve the proposed industrial use;
b) The undisturbed portion of the site will be deed restricted to avoid any
removal of native vegatation;
c) Drainage facilities would be provided in accordance with the City’s
Drainage Plan and the project would be conditioned to require approv
grading permit and improvement plans to ensure that all erosion t
sediment control, and drainage facilities are utilized or construc
accordance with City standards; and
PC RES0 NO. 4279 -2-
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d) The project would be conditioned to prohibit grading during the rain!
October 1 to April 1, to avoid increased runoff and soil erosion.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the document(s) as necessary to make them internally coni
in conformity with final action on the project. Development shall occur substa:
shown in the approved Exhibits. Any proposed development different f
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this projec
two (2) years of approval or this coastal development permit will expir
extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and
grading permit issued by the City Engineer.
4. All grading operations shall be limited to the period from April 1 to Octo
each year. All areas disturbed by grading shall be planted within 60 daJ
initial disturbance and prior to October 1 with temporary or permanent (in
of finished slopes) erosion control methods.
5. Prior to the issuance of a grading or building permit, whichever occurs i
developer shall record a deed restriction over the undeveloped portion of tl
as shown on Exhibit “A.” The deed restriction shall stipulate that t
restricted area shall be preserved in permanent open space to avoid further
of native vegetation and shall be maintained in its natural condition by the 1
owner except upon written order by the Carlsbad Fire Department
prevention purposes.
6. Approval of CDP 97-35 is granted subject to the approval of HDP 97-18 and
07. CDP 97-35 is subject to all conditions contained in Planning Con
Resolutions 4277 for the Mitigated Negative Declaration, 4278 for the
Development Permit, and Planned Industrial Permit letter dated May 7,199
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PC RES0 NO. 4279 -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, I\
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BArLEYNoBf
, Chairperson
CARLSBAD F ANNING COMMISSION
ATTEST:
1
u MICHAEL J. HOLZMILL~~
Planning Director
PC RES0 NO. 4279 -4-