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HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 4652.+ i 0 0 1 I1 PLANNING COMMISSION RESOLUTION NO. 4652 2 3 4 5 6 7 8 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 12 13 14 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 16 17 18 19 20 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 22 to consider said request; and 23 and on the 17th day of November, 1999, hold a duly noticed public hearing as prescribc 24 25 26 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: c a 0 9 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 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. ~ 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- . 1 1 2 3 4 5 6 0 e 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, 8 9 10 the following vote, to wit: 11 12 13 14 AYES: Chairperson Heineman, Commissioners Compas, L’Heurel Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: 15 16 ABSTAIN: 17 19 18 CARLSBAD PLANNING COMMISSION 20 21 22 23 24 25 26 27 28 I/ ATTEST: ~ PC RES0 NO. 4652 -3 -