HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43599
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PLANNING COMMISSION RESOLUTION NO. 4359
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EL
CAMINO REAL SCENIC CORRIDOR SPECIAL USE PERMIT
SUP 98-03 FOR THE DEVELOPMENT OF A 50.23 ACRE, 12
LOT INDUSTRIAL PARK ON PROPERTY GENERALLY
LOCATED ALONG 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: SUP 98-03
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
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 Spe
Permit as shown on Exhibit(s) “A” - “KK” dated August 19, 1998, on file in the :
Department, LINCOLN NORTH POINTE, SUP 98-03, as provided by Chapter 21.1
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 19th day of August, 1’
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 all persons desiring to be heard, said Commission considered a:
relating to the Special Use Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
l 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, SUP 98-03, based on the f
findings and subject to the following conditions:
Findings:
1. The project complies with the requirements of the El Camino Real (ECR) C
Development Standards and will not adversely impact the scenic qualitJ
corridor in that the project: a) has a “planned campus” design theme
maximum building height is 35 feet on lots fronting and within 400 feet of
the maximum grading (cuthill) upon these lots does not exceed 7 feet; d) b
are setback a minimum of 160 feet and parking a minimum of 35 feet from E(
e) rooftop equipment is adequately screened from adjacent properties.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co,
and modifications to the Special Use Permit document(s) necessary to mal
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. Approval of SUP 98-03 is granted subject to the approval of SP 109(B)/CT 98-
98-05RUD 98-O1/CUP 98-08 and PIP 98-07. SUP 98-03 is subject to all cc
contained in Planning Commission Resolutions No. 4356 and 4360 for the T
Map and Conditional Use Permit and all conditions of approval for PIP 98-0
3. This approval shall become null and void if a final map is not approved for thi;
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 term
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 issuanc
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litii
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City’s apF
this Special Use Permit.
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PC RES0 NO. 4359 -2-
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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 August 19, 1998, to protest imposition of these fees/exactions
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 Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
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 feed6
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1:
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 be’
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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~ 1 PC RES0 NO. 4359 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 19th day of August, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, I\/
Nielsen, and Welshons
NOES:
ABSENT: Commissioner Savary
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
$
Planning Director
PC RES0 NO. 4359 -4-