HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 4315<.
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PLANNING COMMISSION RESOLUTION NO. 4315
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
DEVELOPMENT OF A NEIGHBORHOOD 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: SUP 97-02
WHEREAS, American Stores Properties Inc., “Developer”, has filed i
application with the City of Carlsbad regarding property owned by American Stores PI
Inc. and Leucadia County Water District, “Owner”, described as
FLOODPLAIN SPECIAL USE PERMIT SUP 97-02 FOR THE
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 Spe
Permit as shown on Exhibit(s) “A” - “Y” dated June 17, 1998, on file in the
Department LA COSTA LUCKY SAV-ON SHOPPING CENTER, SUP 97-02, as
by Chapter 2 1.1 10 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of June, 195
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 all persons desiring to be heard, said Commission considered a
relating to the Special Use Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
i Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
02, based on the following findings and subject to the following conditior
APPROVES LA COSTA LUCKY SAV-ON SHOPPING CENTER,
Findings: -
1. The project's proposed grading, filling, and redevelopment in the San
Creek floodplain would not significantly impact the floodway or floodp
would not result in additional exposure to risk of on-site or off-site floodin1
100 year flood. In addition, the project would not significantly change the (
of surface water movement or ground water flow, and, therefore, would n
adjoining properties.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Special Use Permit document(s) necessary to ma
internally consistent and in conformity with final action on the project. Devc
shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. Approval of SUP 97-02 is granted subject to the approval of GPA 97-02, ZC 9'
97-09, PUD 97-13, SDP 97-07, CUP 97-03 and SUP 97-03. SUP 97-02 is subjl
conditions and code reminders contained in Planning Commission Resolution F
for the Tentative Map.
3. The flood control berm located on the La Costa Resort and Spa Corpora
shall be landscaped with a combination of native trees, shrubs, and groun
The landscaping shall be initially irrigated by the developer and maintail
healthy and thriving condition, free from weeds, trash, and debris, by the I
owner, thereafter.
4. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
5. 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 tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litij
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City's apI
this site plan.
...
PC RES0 NO. 43 15 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 17th day of June, 195
following vote, to wit:
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AYES: Chairperson Noble, Commissioners Compas, Heineman,
and Savary
6 NOES:
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Commissioners Monroy and Welshons
ABSENT: Commissioner Neilsen
ABSTAIN:
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CARLSBAD PLANNING COMMISSION
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BAILEY N&LE, Chairperson
ATTEST:
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,16 MICHAEL J. MLZM~ER
Planning Director 17
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28 PC RES0 NO. 43 15 -3 -