HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 4312ll 0 0
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PLANNING COMMISSION RESOLUTION NO. 4312
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PLANNED UNIT DEVELOPMENT PERMIT PUD 97-13 FOR
THE DEVELOPMENT OF A NEIGHBORHOOD COMMER-
CIAL SHOPPING CENTER ON PROPERTY GENERALLY
LOCATED EAST OF EL CAMINO REAL AND NORTH OF LA
COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 6
CASE NAME: LA COSTA LUCKY SAV-ON SHOPPING
CASE NO.: PUD 97- 13
WHEREAS, American Stores Properties Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by American Stores Pr
Inc. and Leucadia County Water District, “Owner”, described as
CENTER
Those portions of Lots 9, 14, and 15 in Section 35, Township 12
South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to
CT 97-09, Exhibit “A”, dated June 17,1998, on file in the Planning
Department.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Plm
Development Permit as shown on Exhibit(s) “A” - “Y” dated June 17, 1998 ,on fil
Planning Department, LA COSTA LUCKY SAV-ON SHOPPING CENTER, PUD ’
provided by Chapter 21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of June, 19!
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of persons desiring to be heard, said Commission considered a1
relating to the Planned Unit Development Permit
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
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
13, based on the following findings and subject to the following condition,
APPROVES LA COSTA LUCKY SAV-ON SHOPPING CENTER, E
Findings:
1. That the granting of this permit will not adversely affect and will be consistent
City code, the General Plan, applicable specific plans, master plans, and all adopt
of the City and other governmental agencies.
2. That the proposed use at the particular location is necessary and desirable to PI
service or facility which will contribute to the general well-being of the neigh1
and community, in that the redevelopment of the shopping center wou
economically revive the existing commercial center and provided ad
shopping opportunities for residents in the surrounding residential neighbor1
3. That such project will not be detrimental to the health, safety or general we
persons residing or working in the vicinity, or injurious to property or improven
the vicinity, in that the site plan includes all the necessary features to adj
development to the surrounding neighborhood, including setbacks, en
architecture and landscaping.
4. That the proposed nonresidential planned development meets all of the m
development standards of the underlying zone.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all con
and modifications to the Planned Unit Development document(s), necessary tc
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any PI
development different fiom this approval, shall require an amendment to this apprc
I 2, Approval of PUD 97-13 is granted subject to the approval of GPA 97-02, ZC 97-
97-09, CUP 97-03, SUP 97-02, SDP 97-07, SUP 97-03. PUD 97-13 is subjec
conditions and code reminders contained in Planning Commission Resolutic
4311 for the Tentative Map.
3. This approval shall become null and void if a final map is not approved for this
within 24 months fiom the date of project approval.
I PC RES0 NO. 4312 -2-
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e .. 4. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanl
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litil
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City's apy
this Tentative Map.
7 PASSED, APPROVED AND ADOPTED at a regular meeting of the J
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following vote, to wit: 9
Commission of the City of Carlsbad, California, held on the 17th day of June 1998
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AYES: Chairperson Noble, Commissioners Compas, Heineman,
and Savary
NOES: Commissioners Monroy and Welshons
I ABSENT: Commissioner Neilsen
14 11 ABSTAIN:
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18 CARLSBAD PLANNING COMMISSION
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ATTEST:
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Planning Director
I PC RES0 NO. 4312 -3 -