HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 4746& 0 0
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PLANNING COMMISSION RESOLUTION NO. 4746
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT TO SUBDIVIDE 8.24 ACRES INTO
OFFICE BUILDINGS ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF EL CAMINO REAL
BETWEEN FARADAY AVENUE AND PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5.
TEN LOTS AND DEVELOP NINE ONE- AND TWO STORY
CASE NAME: CARLSBAD RESEARCH CENTER - LOT 12
CASE NO: SUP 99-06
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“Developer”, has filed a verified application with the City of Carlsbad regarding prope 10
WHEREAS, DSK CARLSBAD PARTNERS, LLC, as “Owner” 2
1 1 described as
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Lot 12 of Carlsbad Tract No. 81-10 in the City of Carlsbad,
County of San Diego, State of California, according to map No.
10330, filed in the Office of the County Recorder of San Diego
County, February, 18,1982
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(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special ‘I
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Permit as shown on Exhibits “A” - “K” dated April 5, 2000, on file in the Planning Departml
CARLSBAD RESEARCH CENTER - LOT 12, SUP 99-06, as provided by Chapter 21.40
the Carlsbad Municipal Code; and
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21 WHEREAS, the Planning Commission did on the 5th day of April, 2000, holl
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26 relating to the Special Use Permit; 25
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact 24
WHEREAS, at said public hearing, upon hearing and considering all testimc 23
duly noticed public hearing as prescribed by law to consider said request; and
27 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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3 Findings:
B) That based on the evidence presented at the public hearing, the Commiss
APPROVES CARLSBAD RESEARCH CENTER - LOT 12, based on
following findings and subject to the following conditions:
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1. The project is consistent with the El Camino Real Corridor Development Standal
in that the one common characteristic that melds the various components of
corridor in the area is a “campus” style development which the project promo1
The project meets or exceeds all development standards identified for this area 2
will not adversely affect the scenic quality of the corridor, as the design theme i
planned campus type, the building heights do not exceed 35 feet, there is no cui
fill exceeding 15 feet, the setbacks from the roadway exceed 30 feet, and roof
equipment will not be visible from El Camino Real and there is no change from
Land Use Plan.
10 11 Conditions:
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1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupa~
issued under the authority of approvals herein granted; institute and prosecute litigatior
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approval
this Special Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Special Use Permit documents, as necessary to make th
internally consistent and in conformity with the final action on the project. Developm
shall occur substantially as shown on the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting Program, CT 99-17, and PUD 99-07 a
is subject to all conditions contained in Planning Commission Resolutions No. 471
4744, and 4745 for those other approvals.
23 ll NOTICE
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Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
11 PC RES0 NO. 4746 -2-
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e e
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gh
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planri
Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by t
following vote, to wit:
AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Segal
and Trigas
NOES:
ABSENT: Commissioners Heineman and Baker
ABSTAIN:
ikL&l&d
WILLIAM COMPAS, Chairpersdn
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
PC RES0 NO. 4746 -3-