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HomeMy WebLinkAbout1981-12-23; Planning Commission; Resolution 1906t’ T 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ! 20 21 22 24 23 ~ 25 26 27 28 /I 0 0 PLANNING COMMISSION RESOLUTION NO. 1906 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO ALLOW CONSTRUCTION OF A 78 UNIT CONDOMINIUM PROJECT PARTIALLY WITHIN THE FLOODPLAIN OVERLAY ZONE ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR ROAD, JUST EAST OF EL CAMINO REAL. APPLICANT: RANCHO LA COSTA, INC. CASE NO: SUP-5 WHEREAS, a verified application for certain property to wit: Lot 3 of La Costa Condominium No. 4, according to Ma: 6520 filed October 21, 1969 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 23rd day December, 1981, hold a duly noticed public hearing as prescril by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persor desiring to be heard, said Commission considered all factors relating to the Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing the Commission APPROVES SUP-5, based on the following findings and subject to the following conditions: //// //// //// .. Y 0 0 1 11 Findings: 2 3 1) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on December 7, 1981 and approved by the Planning Commission on December 23, 1981. 4 5 6 7 8 9 10: 11 12 13 2) The Special Use Permit is consistent with the purpose of t floodplain overlay zone because the proposed engineering improvements to the site adequately mitigate the flood hazard to the site, and have been made conditions of approval. 3) The Special Use Permit is consistent with all applicable specific and general plans because: a) The use of the site for a condominium development is conformance with General Plan Land Use Element desiqnation of Residential High Density/Professional and Related Use, and Residential Professional (R-P) zoning. b) The proposed engineering improvements to the site implement the Public Safety Element's goal to minimizing injury, loss of life and damage to propert resulting from flood disaster. 14 15 engineering improvements made conditions of this approval 16 affect or unduly hinder, restrict or alter the water- storm water and the Planning Commission can make the 17 4) The issuance of the Special Use Permit will not adversely carrying function of the floodplain because the proposed specifically provide for the safe, efficient disposal of following findings: 18 19 20 21 22 23 24 a) The project will not cause danger to life and property due to increased flood heights or velocities caused by encroachments in the floodway; b) No danger from materials being swept onto other lands ( downstream will be created; c) The proposed water supply and sanitation systems and tl ability of these systems to prevent disease, contamination and unsanitary conditions will not be affected by this project. d) The use will not be susceptible to flood damage; 25 ' 26 27 Hotel and Spa property are available for the proposed 28 e) The use provides a service to the community; f) No reasonable alternative locations on the La Costa use; PC RES0 #I906 -2- -. , I/ 1 2 3 4 5 6 7 e 0 9) The proposed use is compatible with existing development and development anticipated in the foreseeable future in the area; h) The property would be accessible by emergency vehicle in times of flooding; and i) The expected heights, velocity, duration, rate of ris and sediment transport of the floodwaters expected at the site have been considered as part of this permit and have been found not to adversely impact this project . Cond it ions : 8 9 upon approval of CT 81-39/CP-185 and all conditions of CT 1) Approval of this Special Use Permit is expressly condition 81-39/CP-185 are incorporated herein by reference and shal 10 be complied with in their entirety. 11 12 the 23rd day of December, 1981 by the following vote, to wit: 13 Planning Commission of the city of Carlsbad, California, held ( PASSED, APPROVED AND ADOPTED at a regular meeting of the 14 15 AYES: Chairman Marcus, Commissioners Rombotis, Farrow, NOES : None . Jose, and L'Heureux, 16 17 ABSENT: Commissioner Schlehuber, ABSTAIN: Commissioner Schlehuber. 18 19 20 21 ATTEST : LL CARLSB PLANNING COMMISSION v OMMISSION 26 27 28 PC RES0 # 1906 -3-