HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4297I
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PLANNING COMMISSION RESOLUTION NO. 4297
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT FOR ENCROACHMENT INTO THE
AGUA HENIONDA FLOOD PLAIN FOR GRADING FOR THE
DEVELOPMENT OF TERRACES AT SUNNY CREEK.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO: SUP 96-02
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Propertic
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City of Carlsba
County of San Diego, State of California, per Map thereof No. 823, filed in tl
Office of the County Recorder of said county, November 16,1896, and Lots
thru 10 of CT 83-36 per Map No. 11242 as recorded in the Office of tl
County 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 96-02, 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 tl
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
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 Commis
hereby APPROVE TERRACES AT SUNNY CREEK, SUP 96-02,
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 96-01, and SUP 96-03 are incol
herein by reference.
2. All permit requirements of Chapter 24.1 10 of the Carlsbad Municipal Code h
satisfied.
3. The site is reasonably safe from flooding.
4. The site does not adversely affect the carrying capacity of areas where the b:
elevations have been determined.
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. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed devc
substantially different from this approval, shall require an amendment to this appl
2. All conditions of CT 96-02, Resolution No. 4292 and EIR 98-01, Resolution I\
are incorporated herein by reference. Refer to these documents for all COI
and mitigation measures applicable to development of Terraces at Sunny Crc
3. Approval of SUP 96-02 is granted subject to the approval of EIR 98-01,GPt
ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-02, PUD 96-02, HD:
SUP 96-01, and SUP 96-03.
4. The developer shall obtain a grading permit prior to the commencement of any
or grading of the site.
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 t
feedexactions. If you protest them, you must follow the protest procedure set :
1 PC RES0 NO. 4297 -2-
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Government Code Section 66020(a), and file the protest and any other required informal
the City Manager for processing in accordance with Carlsbad Municipal Code Section :
Failure to timely follow that procedure will bar any subsequent legal action to attack, re
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
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 fees/exactions 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
Commission of the City of Carlsbad, California, held on the 1st day of July 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy an(
Compas
NOES: Commissioners Nielsen, Savary and Welshons
ABSENT:
l5 ll ABSTAIN:
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jq - $7 "p: &-pQlG /? p
,( :"s z::,*<***c p 8; -43 J "=YI,
BAILEY NOBgk, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
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PC RES0 NO. 4297 -3 -