HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43431
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PLANNING COMMISSION RESOLUTION NO. 4343
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PEPiMIT SUP 98-01 TO GRADE
AND SUBDIVIDE A 35.37 ACRE SITE INTO 30 LOTS ON
RESIDENTIAL PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF RANCHO SANTA FE ROAD BETWEEN
OLIVENHAIN ROAD AND CALLE ACERVO IN LOCAL
FACILITIES MANAGEMENT ZONE 11
CASE NAME: COLINA ROBLE
CASE NO: SUP 98-01
WHEREAS, Colina Roble, LLC , “Developer”, has filed a verified apl
with the City of Carlsbad regarding property owned by Wiegand Properties Part
“Owner”, described as
A portion of Lot 13 of the Subdivision of Rancho Las Encinitas, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 848, filed in the office of the County
Recorder of San Diego County, on June 27,1898
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Spec
Permit as shown on Exhibit(s) “A” - “G” dated August 19, 1998, on file in the 1
Department, COLINA ROBLE, SUP 98-01, as provided by Chapter 21.1 10 of the (
Municipal Code; and
WHEREAS, the Planning Commission did on the 19th day of August, 15
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
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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e e
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES COLINA ROBLE, SUP 98-01, based on the following
and subject to the following conditions:
Findings:
1. The proposed grading will not create a hazard or adversely impact the p
onsite structures or development or adjacent and upstream propert
structures.
2. The cumulative effect of this project and the adjacent approved projects 1
significantly raise the level of the 100 year floodway.
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
different from this approval, shall require an amendment to this approval.
2. Approval of SUP 98-01 is granted subject to the approval of CT 98-02 and HD
and is subject to all conditions and code reminders contained in Planning Corn
Resolution No. 4342, and 4344 for the Tentative Map and Hillside Devel
Permit.
3. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
4. Prior to issuance of any building permits for this project the developer shall
required certificates and “finished elevations” as public record. The r
certificates are identified in section 21.110.150 (4) of the City Municipal Cod6
5. A copy of the above mentioned certificates shall be retained in the building
file and/or grading permit file and in the SUP file for this project.
6. Any changes to the approved grading plan, surface or pad elevations and d
plan for this project shall also be shown as a change to the SUP. The PI
changes could require an amendment to this Special Use Permit and ca
certification of affected properties.
7. If any of the foregoing conditions fail to occur; or if they are, by their term
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 issuanc
PC RES0 NO. 4343 -2-
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future building permits; deny, revoke or fixther condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litii
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City’s apF
this site plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
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following vote, to wit: 7
Commission of the City of Carlsbad, California, held on the 19th day of August, 199;
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AYES: Chairperson Noble, Commissioners Compas, Heineman, M
Nielsen, Savary, and Welshons
lo I1 NOES:
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ABSENT:
ABSTAIN:
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CARLSBAD PLANNING COMMISSION
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Planning Director
PC RES0 NO. 4343 -3 -