HomeMy WebLinkAbout1977-07-20; City Council; Resolution 51491
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RESOLUTION NO. 5149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD DENYING AN APPEAL OF A PLANNING
COMMISSION DECISION TO APPROVE SITE DEVELOP-
MENT PLAN (SDP 77-2) FOR A SHOPPING CENTER
ON AN 11.6 ACRE SITE LOCATED ON THE EAST
SIDE OF EL CAMINO REAL SOUTH OF PIARRON ROAD
SUBJECT TO THE ADDITION OF CERTAIN CONDITIONS.
APPLICANT : SANTA ANITA DEVELOPMF,NT CORPORATION.
WHEREAS, the Planning Commission of the City of Carlsbad,
lalifornia did on April 27, 1977, after public hearing, adopt
iesolution No. 1359, which is herewith referred to and made a
?art hereof, approving Site Development Plan (SDP 77-2) to
ionstruct a commercial and professional center on an 11.6 acre
site generally located on the east side of El Camino Real, South
Df Marron Road, more particularly described as: I
That portion of Tract 240 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 1681, filed in the
office of the County Recorder of said San Diego County
December 9, 1915, located in Assessor's Book 205, Page 210, Parcel 07;
and
WHEREAS, on May 5, 1977 a proper appeal of said decision
was filed; and
WHEREAS, an Environmental Impact Report was certified as
complete for a previously issued entitlement for this project,
and the Planning Director has found the Site Development Plan
(SDP 77-2) to be in prior compliance with the City of Carlsbad
Environmental Protection Ordinance of 1972; and.
WHEREAS, a duly noticed public hearing was held by the City
Council on July 5, 1977 to consider the appeal and hear and consi.de
all testimony, reports and communications presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
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City of Carlsbad as follows:
A. That the above recitations are true and. correct.
B. That the findings of the Plann-ng Commission in
Resolution No. 1359 constitute the findings of the City Council
in this matter except as they relate to the public facilities
element of the General Plan regarding the availability of sewer
services.
The City Council finds that sewer service is not available
for this development as of the date of this approval. However,
sewer service may be available in the future. The City Council
will, by inclusion of appropriate conditions, insure that the
development will not be constructed unless the City Council finds
that sewer service is available to serve the project. In addition,
the City Council will add a condition that building permits may
not issue for development in the Site Development Plan unless the
City Engineer determines that sewer service is available.
Since building cannot occur within the development unless
sewer service is available, the City Council is satisfied that
the requirements of the public facilities element of the General
Plan have been met insofar as they apply to this approval.
C. That the City Council hereby denies this appeal and
affirms the decision of the Planning Commission to approve Site
Development Plan (SDP 77-2) subject to the addition of certain
conditions which shall be added to those contained in Planning
Commission Resolution No. 1359 as follows:
"14) This Site Development Plan is approved upon the express condition that building permits will not be issued for
development on the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permit and will con-
tinue to be available until time of occupancy, If the
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City Engineer determines that sewer facilities are not available, building permits will not be issued until
arrangements satisfactory to the City Council can be made
to guarantee that all necessary sewer facilities will be
available prior to occupancy.
15) This Conditional Use Permit shall be subject to any further approvals as may be necessary in connection with
such plan for the allocation of sewer service among
competing uses as the City Council may adopt. allocation plan is adopted prior to issuance of building permits, the applicant shall satisfy the requirements
of such plan before the issuance of further permits.
If an
16) Applicant shall enter into an agreement with the City to relinquish access rights to the second driveway providing
access on El Camino Real, south of Marron Road. Said
agreement to provide that such access shall be closed
upon a determination by the City Council that the
closure is necessary for effective traffic flow on El Camino Real." an adjourned
PASSED, APPROVED AND ADOPTED at / regular meeting of the City
Council of the City of Carlsbad on the 20thday of -
1977, by the following vote, to wit:
July I
AYES : Councilmen Frazee, Lewis and Councilwoman Casler
NOES ; Councilman Skotni cki
ABSENT : Councilman Packard
ROBERT C FRAZEE , Mayor4
ATTEST :
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