HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43571
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PLANNING COMMISSION RESOLUTION NO. 4357
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT
THE WEST SIDE OF EL CAMINO REAL TO THE SOUTH OF
PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: LINCOLN NORTH POINTE
CASE NO.: PUD 98-01
WHEREAS, Lincoln Property Company, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by W9/LNP Rea
Limited Partnership, “Owner”, described as
PUD 98-01 ON PROPERTY GENERALLY LOCATED ALONG
Parcel 1 of Parcel Map No. 1110, in the City of Carlsbad,
County of San Diego, State of California, according to parcel
map thereof filed in the Office of the County Recorder of San
Diego County, on November 10, 1972 as File No. 302114 of
official records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Nonre
Planned Unit Development Permit as shown on Exhibit(s) “A” -“AA” dated August I
on file in the Planning Department, LINCOLN NORTH POINTE, PUD 98-01 as pro.
Chapter 2 1.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of Augu!
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 tc
and arguments, if any, of persons desiring to be heard, said Commission considered al
relating to the Planned Unit Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
I Commission of the City of Carlsbad as follows: :
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES LINCOLN NORTH POINTE, PUD 98-01, based
following findings and subject to the following conditions:
Findings:
1. That the granting of this permit will not adversely affect and will be consistent
City code, the General Plan, applicable specific plans, master plans, and all adopl
of the City and other governmental agencies, in that the project complies
development standards of the P-M zone, Titles 19 and 20, and the Palomar
Comprehensive Land Use Plan. The proposed office/researc
development/warehouse projects is consistent with the Planned Industrial
Plan designation, and no specific plan or master plan applies to the project.
2. That the proposed use at the particular location is necessary and desirable to 1
service or facility which will contribute to the general well-being of the neigk
and community, in that the proposed officehesearch and development/wareho
will provide additional employment opportunities to City residents, are con
with surrounding planned industrial and hotel uses and the project will pro
adequate circulation, parking, access, loading, delivery, open space, an(
collection to meet the operational needs of the businesses.
3. That such project will not be detrimental to the health, safety or general wc
persons residing or working in the vicinity, or injurious to property or improve:
the vicinity, in that the project meets all applicable City standards and ordina
public facilities and services will be provided, adequate access to the site
provided from El Camino Real, and the site plan includes all the necessary ,
to adjust the development to the surrounding neighborhood including st
enhanced architecture, and landscaping.
4. That the proposed nonresidential planned development meets all of the rr
development standards of the underlying P-M zone and all policies and stand
the City.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co:
and modifications to the Planned Unit Development document(s), necessary 1
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any F
development different from this approval, shall require an amendment to this appr
PC RES0 NO. 4357 -2-
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2. Approval of PUD 98-01 is granted subject to the approval of SP 109(B)/CT 98.
98-0YSUP 98-O3/CUP 98-08 and PIP 98-07. PUD 98-01 is subject to all cc
contained in Planning Commission Resolutions No. 4356 and 4360 for the 1
Map and Conditional Use Permit and all conditions of approval for PIP 984
3. This approval shall become null and void if a final map is not approved for thj
within 24 months from the date of project approval.
4. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s apl
this Planned Unit Development.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from August 19, 1998 to protest imposition of these feedexactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection I
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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I PC RES0 NO. 4357 -3-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 Commission of the City of Carlsbad, California, held on the 19th day of August 199;
3 11 following vote, to wit:
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AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, and Welshons
NOES:
ABSENT: Commissioner Savary
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
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16 I/ Planning Director
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