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HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 4315<. 3 z 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 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: " 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 e 0 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- I 1. * 1 e 1) PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 Commission of the City of Carlsbad, California, held on the 17th day of June, 195 following vote, to wit: 4 5 AYES: Chairperson Noble, Commissioners Compas, Heineman, and Savary 6 NOES: 7 8 9 Commissioners Monroy and Welshons ABSENT: Commissioner Neilsen ABSTAIN: p- 10 /e< ,;<:<, $?$ ".** /.?\ f.$ f3 &If&; ,,.. &,(J' u.p.&jJ":"q& ,D .i;i k 1: 3 8 &.h.g/d$2 -e 8BS-i 11 12 13 CARLSBAD PLANNING COMMISSION 14 1 BAILEY N&LE, Chairperson ATTEST: 15 ,16 MICHAEL J. MLZM~ER Planning Director 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 43 15 -3 -