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HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 4312ll 0 0 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 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 ~ . ” k 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 ~ 0 e 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- " : 1 2 3 4 5 6 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 8 following vote, to wit: 9 Commission of the City of Carlsbad, California, held on the 17th day of June 1998 10 11 12 13 AYES: Chairperson Noble, Commissioners Compas, Heineman, and Savary NOES: Commissioners Monroy and Welshons I ABSENT: Commissioner Neilsen 14 11 ABSTAIN: 15 16 17 18 CARLSBAD PLANNING COMMISSION 19 20 21 22 23 24 25 26 27 28 ATTEST: \ Planning Director I PC RES0 NO. 4312 -3 -