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HomeMy WebLinkAbout1991-06-05; Planning Commission; Resolution 3138-7 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 PLANNING COMMISSION RESOLUTION NO. 3138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 7 LOT, 7.6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD AND WINO DE LOS COCHES. CASE NAME: TIENDA DE LA ESQUINA CASE NO: PUD 91-3 WHEREAS, a verified application for certain property to wit: Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 25,1985 as file/page no. 85-355261 of official records. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of June, 1991, hold a 15 l7 WHEREAS, at said public hearing, upon hearing and considering all testimony and 16 duly noticed public hearing as prescribed by law to consider said request; and arguments, if any, of all persons desiring to be heard, said Commission considered all I I.8 /I factors relating to the Planned Unit Development. 19 I1 20 I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as 21 I/ follows: 2211 A) That the above recitations are true and correct. 23 24 25 26 27 B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 91-3, based on the following findings and subject to the following conditions: ".. "" 28 .Av e 0 Findinsrs: 1 2 1. The project is consistent with all City public facility policies and ordinances since: 3 4 a. School fees will be paid to ensure the availability of school facilities in the San Dieguito High School and Encinitas Unified School Districts. 5 I1 b. Park-in-lieu fees are required as a condition of approval. 6 7 8 9 10 11 12 13 14 15 16 1'7 3.8 19 20 c. All necessary public improvements have been provided or will be required as conditions of approval. d. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and papent of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan, 2. The proposed project is consistent with the City's Non-Residential Planned 3. This project will not cause any significant environmental impacts and a Negative I Development Ordinance. Declaration has been issued by the Planning Director on May 2, 1991, and approved by the Planning Commission on June 5, 1991. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 4. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative ~ impacts created by the project. 21 5. This project is consistent with the City's Growth Management Ordinance as it has 22 been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. 23 24 25 26 27 28 Conditions: 1. All Conditions of Planning Commission Resolution Nos. 3135, 3136 and 3137 are applicable to this approval and incorporated herein through this reference. PC RES0 NO. 3138 -2- . 1. c 0 2. Approval of PUD 91-3 is subject to the approval of CT 91-6, SDP 91-6, Cup 91 -4. 1 3. This approval shall become null and void if building pennits are not issued for & 2 project within 24 months from the date of the final map recordation of a 91-6. 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 4 5 6 Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the following vote, to wit: 7 8 9 AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, Erwin, Noble & Hall. NOES: None. 10 ABSENT: None. 11 ABSTAIN: None. 12 13 14 15 PLANNING COMMISSION ATTEST: l6 ll 17 18 19 // PLANNING DIRECTOR 20 21 22 23 24 25 26 27 PC RES0 NO. 3138 -3- 28