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HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4296d 0 * 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. 4296 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE EL CAMINO REAL SCENIC CORRIDOR ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF EL CAMINO REAL AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: TERRACES AT SUNNY CREEK CASE NO: SUP 96-01 WHEREAS, CanAm Properties, LLC, “Developer”, has filed a application with the City of Carlsbad regarding property owned by CanAm Propertie “Owner”, described as A portion of Lot “B” of Rancho Agua Hedionda, in the City of Carlsbi County of San Diego, State of California, per Map thereof No. 823, filed in t Office of the County Recorder of said county, November 16,1896, and Lot! thru 10 of CT 83-36 per Map No. 11242 as recorded in the Office of the Cour Recorder of San Diego County May 23,1985. (‘the Property”); and WHEREAS, said verified application constitutes a request for a Spe Permit as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998, on file in the Department TERRACES AT SUNNY CREEK, SUP 96-01, as provided by Chapter the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 3rd day of June 1998, day of June 1998, and the 1st day of July 1998, hold a duly noticed public hearing as p by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the Special Use Permit; z. L 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 0 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 Commiss hereby APPROVE TERRACES AT SUNNY CREEK - SUP 96-01,l the following findings and subject to the following conditions: Findings: 1. All findings of EIR 98-01, GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B): 02, SDP 97-02, PUD 96-02, HDP 96-02, SUP 96-02, and SUP 96-03 are incor herein by reference. 2. The site design is in conformance with the El Camino Real Corridor Deve Standards. Homes will be set below the grade of El Camino Real so that they obstruct the expansive views of the Agua Hedionda flood plain, hills, valleys help to preserve the rural feel of the area in conformance with the goals of the El Real Scenic Corridor Development Standards. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all COI and modifications to the Special Use Permit document(s) necessary to mal internally consistent and in conformity with final action on the project. Deve shall occur substantially as shown in the approved Exhibits. Any proposed deve substantially different from this approval, shall require an amendment to this appr 2. All conditions of GPA 96-01, SP 190(B), CT 96-02, PUD 96-02, ZC 96-01, SU: SUP 96-03, SDP 97-02, LFMP 87-15(B) and EIR 98-01 are incorporated hf reference. Refer to these documents for all conditions and mitigation m applicable to development of the Terraces at Sunny Creek. 3.. Approval of SUP 96-01 is granted subject to the approval of EIR 98-01, GPI SP 190(B), ZC 96-01, CT 96-02, PUD 96-02, ZC 96-01, SUP 96-02, SUP 96 LFMP87-15(B) . NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from date of final City Council approval to protest imposition feedexactions. If you protest them, you must follow the protest procedure set Government Code Section 66020(a), and file the protest and any other required informat PC RES0 NO. 4296 -2- e e 3 1 the City Manager for processing in accordance with Carlsbad Municipal Code Section : aside, void, or annul their imposition. 2 Failure to timely follow that procedure will bar any subsequent legal action to attack, re 3 4 5 6 7 You are hereby FURTHER NOTIFIED that your right to protest the specified fee& DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p zoning, grading or other similar application processing or service fees in connection I project; NOR DOES IT APPLY to any feedexactions of which you have previously bel a NOTICE similar to this, or as to which the statute of limitations has previously o expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 8 following vote, to wit: 9 Commission of the City of Carlsbad, California, held on the 1st day of July 199t 10 11 12 AYES : Chairperson Noble, Commissioners Heineman, Monroy anc Compas NOES: Commissioners Nielsen, Savary and Welshons 13 ABSENT: 14 11 ABSTAIN: 15 16 17 18 BAILEY NO@E, Chairperson CARLSBAD PLANNING COMMISSION 19 20 ATTEST: \ 23 Planning Director 24 25 26 27 28 I PC RES0 NO. 4296 -3 -