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HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4298.* t, 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 PLANNING COMMISSION RESOLUTION NO. 4298 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT FOR ENCROACHMENT INTO THE AGUA HEDIONDA FLOOD PLAIN FOR GRADING ON LOT 11 OF CT 83-36, THE COMMERCIAL LOT OF SP 190. CASE NAME: TERRACES AT SUNNY CREEK CASE NO: SUP 96-03 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 Carlsbac County of San Diego, State of California, per Map thereof No. 823, filed i the Office of the County Recorder of said county, November 16, 1896, an Lots 11 of CT 83-36 per Map No. 11242 as recorded in the Office of th 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 Planning De TERRACES AT SUNNY CREEK - SUP 96-03, as provided by Chapter 21.1 1 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 PI 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 Commission of the City of Carlsbad as follows: i 4 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 e 0 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 96-03, base following findings and subject to the following conditions: FindinEs: 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 96-02 are incor herein by reference. 2. All permit requirements of Chapter 24.1 10 of the Carlsbad Municipal Code hs satisfied. 3. The site is reasonably safe from flooding. 4. The site does not adversely affect the carrying capacity of areas where the ba: elevations have been determined. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cox and modifications to the Special Use Permit document(s) necessary to ma€ internally consistent and in conformity with final action on the project. Devel shall occur substantially as shown in the approved Exhibits. Any proposed devel different from this approval, shall require an amendment to this approval. 2. All conditions of EIR 98-01, GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15 96-02, SDP 97-02, PUD 96-02, HDP 96-02, SUP 96-01, and SUP 96- incorporated herein by reference. Refer to these documents for all conditic mitigation measures applicable to development of the Terraces at Sunny Cree 3. Approval of SUP 96-03 is granted subject to the approval of EIR 98-01, GPA ZC 96-01, SP 190(B), LFMP 87-15(B) CT 96-02, SDP 97-02, PUD 96-02, HDP SUP 96-01, and SUP 96-02. 4. The developer shall obtain a grading permit prior to the commencement of any c or grading of the site. NOTICE Please take NOTICE that approval of your project includes the “imposition” o dedications, reservations, or other exactions hereafter collectively referred to for conveni “fees/exactions.” You have 90 days from date of final City Council approval to protest imposition o feedexactions. If you protest them, you must follow the protest procedure set fi I PC RES0 NO. 4298 -2- 3 \ 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 e 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 yow right to protest the specified fees/e DOES NOT APPLY to water and sewer connection fees and capacity charges, nor r zoning, grading or other similar application processing or service fees in connection 7 project; NOR DOES IT APPLY to any fees/exactions of which you have previously be 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: ABSTAIN: BAILEY NOI$LE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: t Planning Director PC RES0 NO. 4298 -3-