HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49171
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PLANNING COMMISSION RESOLUTION NO. 4917
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT AMENDMENT TO ALLOW THE
CONSTRUCTION OF A 20,442 SQUARE FOOT THREE
STORY OFFICE BUILDING ON A PREGRADED LOT ON
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF EL CAMINO REAL AND COUGAR DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: EL CAMINO TERRACE
CASE NO: SUP 96-09(B)
WHEREAS, Tycoon Development Corp., “Developer”i”Owner”, has filed a
verified application with the City of Carlsbad regarding property described as
Parcel 3 of Parcel Map No. 96-11, according to Map No. 18059,
filed in the Office of the County Recorder on July 2, 1998, in
the City of Carlsbad, County of San Diego, State of California
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit Amendment as shown on Exhibits “A” - “I” dated February 7, 2001, on file in the
Planning Department EL CAMINO TERRACE - SUP 96-09(B), as provided by Chapter 21.40
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of February, 2001 and
on the 21st day of February, 2001 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Special Use Permit Amendment;
WHEREAS, on September 3, 1997, the Planning Commission approved, SUP
96-09, as described and conditioned in Planning Commission Resolution No. 4170
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
APPROVES EL CAMINO TERRACE - SUP 96-09(B), based on the
following findings and subject to the following conditions:
Findings:
1. The El Camino Terrace project is consistent with the El Camino Real Corridor
Standards in that the proposed architecture and site design meets the “campus”
style appearance; the building height measures 35 feet from the proposed grade, no
grading of deeper than 15 feet is proposed; the building is setback over 30 feet from
the El Camino Real right-of-way; and no roof-equipment is proposed.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. This approval is granted subject to the approval of SDP 96-13(B) and is subject to all
conditions contained in Planning Commission Resolution No. 4916 for the other
approval.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition,
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 4917 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 21st day of February, 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
ATTEST:
MICHAEL J.
Planning Director
PC RESO NO. 4917 -3-