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HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52521 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 PLANNING COMMISSION RESOLUTION NO 5252 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT FOR GRADING AND IMPROVEMENTS ASSOCIATED WITH THE CARLSBAD OAKS NORTH SPECIFIC PLAN AND FARADAY AVENUE EXTENSION ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMINO REAL AND THE CITY’S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: CAIUSBAD OAKS NORTH SPECIFIC PLAN CASE NO: SUP 97-07 WHEREAS, Techbilt Construction Corp., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Oaks North Partners, L.P., “Owner,” described as That portion of Lot “B” of Rancho Agua Hedionda, in the County of San Diego, State of California, according to partition map thereof no. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896. (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit [Amendment] as shown on Exhibit(s) “A” - “UU”, dated August 21,2002, on file in the Planning Department CARLSBAD OAKS NORTH SPECIFIC PLAN - SUP 97-07, as provided by Chapter 21.40/21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 21st day of August, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Special Use Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 1. 2. 3. 4. 5. g&l 1. 2. A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the publi c hearing, the Commission APPROVES CARLSBAD OAKS NORTH SPECIFIC PLAN - SUP 97-07, based on the following findings and subject to the following conditions: Findinm: The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure. The proposed project does not create a hazard for adjacent or upstream properties or structures. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency. The proposed project taken together with all the other known, proposed and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point. ditions: This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report and Mitigation Monitoring and Reporting Program, GPA 97-05, ZC 97-05, SP 211, LFMP 89-16(A), CT 97-13, HDP 98-09, and PIP 02- 02, and is subject to all conditions contained in Planning Commission Resolutions 5244,5245,5246,5247,5248,5249,5250, and 5251 for those other approvals. This approval is granted based on the design of the Tentative Map and also the information contained in the ((Rancho Carlsbad Channel & Basin Project” dated June 30,1998. Final design shall be subject to the approval of the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RES0 NO. 5252 -2- 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 You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 21st day of August, 2002, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Segall SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 1 MICHAEL J. HOLZMI~X'ER Planning Director PC RES0 NO. 5252 -3-