HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4353-.
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PLANNING COMMISSION RESOLUTION NO. 4353
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT TO
ALLOW LIMITED FILL WITHIN THE 100 YEAR
FLOODPLAIN FOR A RESIDENTIAL DEVELOPMENT OF
250 RESIDENTIAL LOTS ON PROPERTY GENERALLY
LOCATED EAST OF RANCHO SANTA FE ROAD AND
NORTH OF CALLE ACERVO IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASE NAME: SHELLEY TRACT MAP
CASE NO: SUP 90-04
WHEREAS, Daniel Shelley, “Developer”, has filed a verified applical
the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described a
That portion of lots 13 and 14 of the subdivision of the 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, June
27,1898; and
An easement and right-of-way for road purposes over and
across that portion of the southerly 60 feet of the westerly half
of lot 14 of Rancho Las Encinitas, which lies east of the center
line of the county road known as Road Survey No. 454-A.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a F1
Special Use Permit as shown on Exhibit(s) “A”-“G” dated October 7, 1998, on fi
Planning Department SHELLEY TRACT MAP, SUP 90-04, as provided by Chapter 1
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of October, 1
a duly noticed public hearing as prescribed 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 Floodplain Special Use Permit;
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cor
RECOMMENDS APPROVAL of SHELLEY TRACT MAP, SUI
based on the following findings and subject to the following conditions:
Pindinrrs:
1. The project is consistent with the City’s General Plan as it provides for hou!
an open space recreational facility.
2. The project would not adversely affect or unduly hinder, restrict or alter tl
carrying function of the floodplain or adversely affect surrounding developn
3. The project has been reviewed and considered within the Shelley Tra
Environmental Impact Report and the proposed encroachment into the I
floodplain will not have any adverse significant impact on the environment.
4. The applicant’s engineer has certified pursuant to Section 21.110.200(1
Carlsbad Municipal Code that the project will not result in any increase
levels during the occurrence of the base flood discharge and the project
affect the 100-year flood plain elevation.
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 dew
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, s
ordinances in effect at the start of construction.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, del
hold harmless the City of Carlsbad, its Council members, officers, employees, agc
representatives, from and against any and all liabilities, losses, damages, demand:
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of this Floodplain Spec
Permit, (b) City’s approval or issuance of any permit or action, whether discreti
non-discretionary, in connection with the development of the Shelley Tract h
(c) Developer/Operator’s construction of the subdivision permitted hereby.
PC RES0 NO. 4353 -2-
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4. Prior to the start of construction, Developer shall submit to the City a N
Restriction to be filed in the office of the County Recorder, subject to the satisfi
the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Floodplain Special Use Permit by Resolution No.
the real property owned by the Developer. Said Notice of Restriction shall
property description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions specified for incl
the Notice of Restriction. The Planning Director has the authority to execute an
an amendment to the notice which modifies or terminates said notice upon a shc
good cause by the Developer or successor in interest.
5. Prior to hauling dirt or construction materials to or fiom any proposed construc
within this project, the developer shall submit to and receive approval fiom
Engineer for the proposed haul route. The developer shall comply with all condii
requirements the City Engineer may impose with regards to the hauling operation
6. 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 issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
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 apl
this Floodplain Special Use Permit.
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PC RES0 NO. 4353 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
NOES:
ABSENT: Commissioners Heineman and Welshons
ABSTAIN:
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BAILEY NOB& Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HWMILMR
Planning Director
PC RES0 NO. 4353 -4-