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HomeMy WebLinkAbout1995-12-13; Planning Commission; Resolution 3861.* .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l 0 e PLANNING COMMISSION RESOLUTION NO. 3861 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO ALLOW DEVELOPMENT ON PROPERTY GENERALLY LOCATED SOUTH OF LA COSTA AVENUE, EAST AND NORTH OF THE CITY OF ENCINITAS, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME GREEN VALLEY MASTER PLAN CASE NO: SUP 92-05 WHEREAS, Carlsbad Partners Limited has filed a verified applicati certain property, to wit: A portion of Section 2, Township 13 South, Range 4 WesG and a portion of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California, with the City of Carlsbad, which has been referred to the Planning Commission; a1 WHEREAS, said application constitutes a request a Special Use Pe provided by Chapter 21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of Januaq 2nd day of February, 1994, and the 13th day of December, 1995, hold a duly noticed hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te, and arguments, if any, of all persons desiring to be heard, said Commission consid factors relating to the Special Use Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the E Commission of the City of Carlsbad as follows: ~ ~ A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Con: APPROVES Special Use Permit, SUP 92-05, based on the following and subject to the following conditions: I . .r * I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 0 e Findings: 1. The proposed project does not create a hazard for future development or pr future structures. 2. The proposed project is designed to be protected from flood damage so t increase in flood related hazards will be created. 3. The extent of the flooding hazards involved with this project have been sum identified to meet the requirements of FEMA and the City's Flood Management Ordinance. 4. With the conditions of approval, the proposed project shall not create a ha; cause adverse impacts for adjacent., upstream or downstream properties. 5. With the conditions of approval, the proposed project shall not reduce the at the site to pass or manage a base flood of 100-year frequency. 6. That approval of the requested .6 acres of fill within Lot 11 of Tentative Map 88 will be inconsistent with the intent of the Primary Open Space Action Pri the Open Space and Conservation Resource Management Plan for Local Fs Management Zone 23 which encourages the preservation of constrained lz open space. Conditions: 1. %he Planning Commission does hereby approve the Special Use Permit project entitled "Green Valley Master Plan" as shown on Exhibits "E"-"H" 01 the Planning Department and incorporated by this reference, dated Decem 1995, subject to the conditions herein set forth. Staff is authorized and dire make or require the Developer to make all corrections and modifications Special Use Permit documents, as necessary to make them internally consisti conform to Planning Commission9s final action on the Project. Developme occur substantially as shown on the approved exhibits. Any proposed devell substantially different from this approval, shall require an amendment approval. 2. The .6 acres of fill requested within Lot 11 of CT 92-08 is not approved as this SUP 92-05 and shall be eliminated from Exhibits "E"-"H". 3. Approval of Special Use Permit SUP 92-05 is granted subject to the approvz 92-08, Final Program EIR 93-02, MP 92-01, LCPA 93-06, LFMP 87-23, ar 92-15 4. The Developer shall comply with all applicable provisions of federal, state, a: ordinances in effect at the time of grading permit issuance. PC RES0 NO. 386% -2- . .- , k e 0 1 reflect the conditions of approval by the City. The Plan copy shall be subn: 2 5. The Developer shall provide the City with a reproducible 24" x 36", mylar co1 Tentative Map as approved by the Planning Commission. The Tentative M the City Engineer and approved prior to grading plan submittal. 3 4 6. This resolution No. 3861 supersedes Planning Commission Resolution No. 5 General: 6 7 7. 8 9 10 11 If any of the foregoing conditions fail to occur, or if they are, by their tern implemented and maintained over time, if any of such conditions fail ti implemented and maintained according to their terms, the City shall have t to revoke or modi& all approvals herein granted, deny or further condition 1 of all future building permits, deny, revoke or further condition all certifi occupancy issued under the authority of approvals herein granted, instit prosecute litigation to compel their compliance with said conditions or seek ( for their violation. No vested rights are gained by Developer or a succ interest by the City's approval of this Resolution. 12 PASSED, APPROVED, AND ADOPTED at a special meeting 13 1995, by the following vote, to wit: l4 Planning Commission of the City of Carlsbad, California, held on the 13th day of De 15 16 AYES: Chairperson Welshons, Commissioners Compas, : Nielsen, Noble and Savary l7 /I NOES: Commissioner Erwin 18 19 20 ABSENT: None ABSTAIN: None 21 22 23 24 25 ATTEST: 26 KIM WELSHONS,. Chairperson CARLSBAD PLANNING COMh 27 28 Planning Director PC RES0 NO. 3861 -3-