HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4519? 0 e
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PLANNING COMMISSION RESOLUTION NO. 4519
A RESOLUTION OF THE PLANNING COMMISSION OF THE
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-89
TO CONSTRUCT AN OFFICE BUILDING ON PROPERTY
GENERALLYLOCATEDNEARTHESOUTHEASTCORNER
ON AVENIDA ENCINAS AND PALOMAR AIRPORT ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CARLSBAD PACIFIC CENTER, PHASE
CASE NO.: CDP 98-89
I CITY OF CAFUSBAD, CALIFORNIA, APPROVING
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9 WHEREAS, Prentice Properties Acquisition Partners, L.P., a C
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of Carlsbad regarding property described as 11
Limited Partnership, “Developer” and “Owner”, has filed a verified application with
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Parcel 3 of Parcel Map No 15386 in the City of Carlsbad,
County of San Diego, State of California, according to the map
thereof no 11287, filed in the office of the County Recorder of
San Diego County, September 16,1988, as file No. 88-467980 of
official records
l6 /I (“the Property”); and
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Planning Department, CAIUSBAD PACIFIC CENTER PHASE 111, SDP 98-23, as J l9
Development Permit as shown on E~bits ) “A” - “G” dated April 21, 1999,on fil~ 18
WHEREAS, said verified application constitutes a request for a
by Chapter 21.201.040 of the Carlsbad Municipal Code; and
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24 WHEREAS, at said public hearing, upon hearing and considering all te
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all
26 relating to the CDP.
WHEREAS, the Planning Commission did, on the 21st day of April, 199!
duly noticed public hearing as prescribed by law to consider said request; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the F
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
on the following findings and subject to the following conditions:
APPROVES CARLSBAD PACIFIC CENTER PHASE 111, SDP 98-1
FindinPs:
1. That the proposed development is in conformance with the Mello I1 segmen
Certified Local Coastal Program (LCP) and all applicable policies in
development does not obstruct public views of significant coastal resource!
agricultural activities, sensitive coastal resources, geologic instability or
access opportunities exist on or adjacent to the project site.
2. The project site is not located in the Coastal Agriculture Overlay Zone, accc
Map X of the Land Use Plan, certified September, 1980, and therefore is nor
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.20
Zoning Ordinance).
3. The project is consistent with the provisions of the Coastal Resource PI
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the pro
adhere to the City's Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion, no stee
exist on the property and the site is not located in areas prone to la1
susceptible or accelerated erosion, floods or liquefaction.
4. The project site is not located between the sea and the first public road pa
the sea and, therefore, is not subject to the provisions of the Coastal S
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
5. The project is not located within the Mello I LCP Segment and is, theref
subject to the provisions of that segments Coastal Resource Overlay :
described in Chapter 21.205 of the Zoning Ordinance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Coastal Development Permit documents necessary
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 ffom this approval, shall require an amendment to this appr
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 expirc
extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 98-89 is granted subject to the approval of SDP 98-23. CDP '
subject to all conditions contained in Planning Commission Resolution No. 4
SDP 98-23.
PC RES0 NO. 4519 -2-
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4. All grading operations shall be limited to the period from April 1 to Octl
each year. All areas disturbed by grading shall be planted within 60 da
initial disturbance and prior to October 1 with temporary or permanent (ir
of finished slopes) erosion control methods.
5. The developer shall comply with the City’s requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro
management practices as referenced in the “California Storm Water Best Ma
Practices Handbook” to reduce surface pollutants to an acceptable level prior to
to sensitive areas. Plans for such improvements shall be approved by the City
Said plans shall include but no be limited to notifying prospective owners and 1
the following:
A. All owners and tenants shall coordinate efforts to establish or WI
established disposal programs to remove and properly dispose of t8
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into st(
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments sl
Federal, State, County and City requirements as prescribed in their rc
containers.
C. Best Management Practices shall be used to eliminate or reduce surface p
when planning any change sot the landscaping and surface improvements.
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 date of final approval to protest imposition of these fees/exac’
you 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 v\
project; NOR DOES IT APPLY to any feesiexactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously ot
expired.
PC RES0 NO. 4519 -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 21st day of April 1995
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure1
Nielsen, Segall, and Welshons
NOES:
ABSENT: Commissioner Trigas
ATTEST:
Planning Director
PC RES0 NO. 4519 -4-