HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 4652.+
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1 I1 PLANNING COMMISSION RESOLUTION NO. 4652
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A RESOLUTION OF THE PLANNTNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SPECIAL USE PERMIT TO SUBDIVIDE
1.19 ACRES INTO 9 LOTS AND ENCROACH INTO THE 100
YEAR FLOOD PLAIN ON PROPERTY GENERALLY
LOCATED NORTH OF LA COSTA AVENUE AND EAST OF
EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 6
CASE NAME: LA COSTA GREENS
CASE NO: SUP 98-10
9 WHEREAS, Legacy Development, a California Limited Liability CI
10 “Developer”/“Owner”, has filed a verified application with the City of Carlsbad r
11 property described as
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Lots 9 and 10 of La Costa Greens, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 6708, filed in the Office of the County Recorder of
San Diego County, August 10,1970
15 (‘the Property”); and
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WHEREAS, said verified application constitutes a request for a Spe
Permit as shown on Exhibit(s) “A” - “D” dated November 3, 1999, on file in the
Department LA COSTA GREENS, SUP 98-1 0, as provided by Chapter 2 1.1 10 of the
Municipal Code; and
21 WHEREAS, the Planning Commission did on the 3rd day of Novemb
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to consider said request; and 23
and on the 17th day of November, 1999, hold a duly noticed public hearing as prescribc
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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 s
27 I) relating to the Special Use Permit;
28 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 COI
APPROVES LA COSTA GREENS, SUP 98-10, based on the 1
findings and subject to the following conditions:
Findinw:
1. The proposed grading will not create a hazard or adversely impact the 1
onsite structures or development or adjacent and upstream properi
structures.
2. The cumulative effect of this project and the adjacent approved projects
significantly raise the level of the 100 year flood plain (base flood elevation).
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Special Use Permit document(s) necessary to ml
internally consistent and in conformity with final action on the project. Devt
shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. This approval is granted subject to the approval of CT 98-23/ PUD 98-08/HI:
and is subject to all conditions contained in Planning Commission Resolut:
4650,4651 and 4653 for those other approvals.
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3. Prior to the issuance of any building permit for this project, the develor
submit required certificates and final pad elevations as public record. The 1
certificates are identified in Section 21.110.150(4) of the City of Carlsbad M
Code.
4. A copy of the above mentioned certificates shall be retained in the building
file and/or grading permit file and in the SUP 99-10 file of this project.
5. 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 p
changes could require an amendment to this SUP and cause re-certificatio
affected properties.
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 the final date of approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Code
11 PC RES0 NO. 4652 -2-
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66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
7 II PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 17th day of November,
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10 the following vote, to wit:
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AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
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ABSTAIN:
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CARLSBAD PLANNING COMMISSION
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I/ ATTEST:
~ PC RES0 NO. 4652 -3 -