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HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 4746& 0 0 1 2 3 4 5 6 7 8 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 9 “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 12 13 14 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 15 16 (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special ‘I 17 18 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 19 20 21 WHEREAS, the Planning Commission did on the 5th day of April, 2000, holl 22 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. 0 0 1 2 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: 4 5 6 7 8 9 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: 11 12 13 14 15 16 17 18 19 20 21 22 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 24 25 26 27 28 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- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: \ Planning Director PC RES0 NO. 4746 -3-