HomeMy WebLinkAbout1991-06-05; Planning Commission; Resolution 3138-7 0
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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
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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.
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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.
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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:
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Findinsrs:
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2 1. The project is consistent with all City public facility policies and ordinances since:
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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.
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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.
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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-
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2. Approval of PUD 91-3 is subject to the approval of CT 91-6, SDP 91-6, Cup 91 -4.
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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
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Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the
following vote, to wit:
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary,
Erwin, Noble & Hall.
NOES: None.
10 ABSENT: None.
11 ABSTAIN: None.
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ATTEST:
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19 // PLANNING DIRECTOR
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27 PC RES0 NO. 3138 -3-
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