HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55291
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PLANNING COMMISSION RESOLUTION NO. 5529
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
OF AN 89,200 SQUARE FOOT NEIGHBORHOOD RETAIL
SHOPPING CENTER ON 7.6 ACRES OF LAND ON
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF CAMINO DE LOS COCHES AND RANCHO
SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 11.
CASE NAME: LOS COCHES VILLAGE
CASE NO: SUP 03-07
SPECIAL USE PERMIT SUP 03-07 FOR THE DEVELOPMENT
WHEREAS, C. W. Clark, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Metro Center North, LLC and C-D Scripps,
LLC, “Owner,” described as
Parcel 1 of Parcel Map No. 13970, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, September 25,1985
as File No. 85-355261 of Official Records.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibit “E” dated December 17,2003, on file in the Planning Department
LOS COCHES VILLAGE, as provided by Chapter 21.1 10 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did on the 17th day of December 2003
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:
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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 Planning
Commission APPROVES LOS COCHES VILLAGE SUP 03-07, based on the
following findings and subject to the following conditions:
Findinm:
1. That site investigation and hydrological analysis indicate the site is safe from
flooding.
2. That the project as proposed has been designed to minimize the flood hazard to the
habitable portions of the structure.
3. That the proposed project does not create a hazard for adjacent or upstream
properties or structures.
4. That the proposed project does not create any additional hazard or cause adverse
impacts to downstream properties or structures.
5. That the proposed project does not reduce the ability of the site to pass or handle a
base flood of 100- year frequency.
6. That 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.
7. That all other required state and federal permits have been obtained.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifymg all interested parties and successors in interest that the
City of Carlsbad has issued a(n) Special Use Permit by Resolution(s) No. 5529 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest
PC RES0 NO. 5529 -2-
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3. Prior to recordation of Final Parcel Map for MS 02-08, developer shall apply for
and obtain approval of a Letter of Map Revision (LOMR) from the Federal
Emergency Management Agency (FEMA). The LOMR shall document the revised
floodplain limits resulting from existing accurate channel characteristics crossing
the property and demonstrated by hydrologic data/calculations. The revised
floodplain limits shall be reflected on the non-mapping data sheet of MS 02-08 and
on the project grading plans.
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 feedexactions. 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.
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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5529 -3-
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co imi si n
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
f the City of Carlsbad, California, held on the 17th day of December 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: None
ABSENT: Commissioners Whitton and Dominguez
ABSTAIN: None
, Chairperson
CARL COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5529 -4-