HomeMy WebLinkAbout1976-04-28; Planning Commission; Resolution 1240- 0 e
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PLANNING COMMISSION RESOLUTION NO. 1240
RESOLUTION OF THE PLANNING COMMISSION OF
ING THE SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A PORTION OF THE CARLSBAD SHOPPING CENTER IN THE FLOODPLAIN OVERLAY ZONE ON PROPERTY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN HAYMAR DRIVE AND MARRON ROAD.
APPLICANT: RON ROBERTS
THE CITY OF CARLSBAD, CALIFORNIA, CONCERN-
CASE NO.: SUP-1
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9 i WHEREAS, a verified application for a certain property, 1o11 wit:
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Those portions of Lots 4 and 5 of Fractional Section 32, Township 11 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, accord-
ing to United States Government Survey approved December 27, 1870.
l4 has been filed with the City of Carlsbad and referred to the
l5 Planning Commission; and
16 WHEREAS, said verified application constitutes a requesl
1711 as provided by Title 21 of the "Carlsbad Municipal Code"; anc
l8 li WHEREAS, the hearing was held on April 28, 1976 in the ''11 Council Chambers of the City of Carlsbad; and
2o ll WHEREAS, at said hearing, upon hearing and considering t 21
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testimony and arguments, if any, of all persons who desired 1
be heard, said Commission considered all factors relating to
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the Special Use Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE Planning Commissic 2511 of the City of Carlsbad as follows:
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(A) That the above recitations are true and correct.
(B) That the Planning Commission makes the following findin!
L II W e
1 (1) The Special Use Permit is consistent with the pur- poses of.the Floodplain Overlay Zone because:
(a) The proposed engineering improvements to the
3 site adequately mitigate the flood hazard to
4 approval.
5 (2) The Special Use Permit is consistent with all appl'
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the site, and have been made conditions of
ble Specific and General Plans because:
(a) The proposed engineering improvements are com-
and improvement plans approved to date in con-
the project;
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junction with the Specific Plan approved for
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(b) Use of the site for a shopping center is in cc formance with the General Plan Land Use Elemer designation (Community Commercial);
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(c) The proposed engineering improvements to the 5 implement the Public Safety Element's goal of minimizing injury, loss of life and damage to property resulting from flood disaster.
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(3) The issuance of the Special Use Permit will not ad- versely affect or unduly hinder, restrict or alter the water-carrying function of the floodplain becat
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(a) The proposed engineering improvements made cor tions of this approval specifically provide fc the safe, efficient disposal of storm water.
(4) The subject application has complied with the requ- ments of the Cit-y of Carlsbad Environmental Protect Ordinance by Prior Complaince (Section 19.04.153) b cause:
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(a) Environmental Impact Report Nos. 219 and 220 were prepared for a prior project on the site and certified by the City Council.
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(b) There are no substantial changes to the projec site or proposed for the project involving nek impacts not addressed in those reports.
(C) That in view of the findings heretofore made and conside ing the applicable law, the decision of the Planning Con mission is to approve Case No. SUP-1, subject to the fol ing condition:
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2811 x x x x x
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(1) All structures within the Floodplain Overlay Zone as shown on Exhibit "A", dated April 9,
1976, shall be constructed with finished flcor elevations at 28 feet above mean sea level or higher.
4 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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City of Carlsbad Planning Commissin held on April 28, 1976 by
the following vote to wit:
7 AYES: Commissioners Dominguez, Fikes, Jose, L'Heureu
8 Larson and Watson.
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NOES : None
ABSENT: None
ABSTAIN: None
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13 StephVn M. L'tieureux(, Chairman
1411 ATTEST:
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&fd L Dona'fd A. Agatep, Secrt?tary
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