HomeMy WebLinkAbout1979-11-28; Planning Commission; Resolution 1565* v. ’ 1
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PLANNING COMMISSION RESOLUTION NO. 1565 ~~
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
ZONE CHANGE FROM P-C TO RDM-Q ON APPROXIMATELY 134
ACRES LOCATED IN NORTHEAST LA COSTA
CASE NO. : ZC-206
APPLICANT: LA COSTA LAND COMPANY
WHEREAS, a verified application for certain property,
wit:
A portion of sections 19 and 30 of Township
12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad
has been filed with the City of Carlsbad, and referred to
Planning Commission; and
WHEREAS, said verified application constitutes a requ
as provided by Title 21 of the Carlsbad Municipal Code; an
WHEREAS, this project has been processed through envi.
mental review as required in Title 19, the Environmental P,
tion Ordinance, and has been found in conformance due to p
compliance of certified EIR-307, which encompassed the; :,)
property as referenced herein; and
WHEREAS, the Planning Commission did, on November 14,
hold a duly noticed, public hearing as prescribed by law,
consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, Tf any, of all pe:
desiring to be heard, said Commission considered all facto:
relating to Zone Change 206 and found the following facts
and reasons to exist:
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1) The proposed project is consistent with the General
Plan since the RDM-Q density range is based on the current General Plan Land Use designation.
2) The Qualified Overlay Zone requires a Site Developmen
Plan to be approved by the Planning Commission and
appealable to the City Council. Conditions may be
placed on the site development plan to meet requireme of the General Plan or other needs.
3) The site is physically suitable for the type of densi
of the development since the site is adequate in size
and shape to accommodate residential development at t density allowed by the RIZM Zone.
4) The project is consistent with all City public facili
policies and ordinances since:
A) The San Marcos County Water District has assured the City that sewer service will be available af the reactivation of their facility immediately
south of the subject property.
B) The Planning Commission finds that sewer service
is not available for this development as of the
date of this approval. However, since sewer ser
may be available in the future, the Planning Corn
has, by inclusion of an appropriate condition to this application, insured that development will approved unless the City Engineer finds that sew service is available to serve the project. Buil cannot occur within the project unless sewer ser
remains available. The Planning Commission is
satisfied that the requirements of the public
facilities element of the General Plan have been
insofar as they apply to sewer service for this project.
C) School site acquisition or fees will be determinc at time of submittal of the required site develo]
plan.
D) Water service will be provided by the San J!larcos
County Water District, and the applicant is requ.
to comply with their rules and regulations.
E) Gas and Electric service will be provided by San
Gas and Electric.
F) Park-in-lieu fees are required as a condition of approval at the time of development.
G) All necessary public improvements have been eithl provided or will be required as conditions of
approva 1.
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H) At this time, the Planning Commission is not prep; to find that all other public facilities necessar: serve the project will be available concurrent wil
need. The Planning Commission has, by inclusion
of an appropriate condition, required that the prc
contribute to the costs of such facilities. Sincc
the developemnt will pay its proportionate share (
the public facilities which it will require, the
City Council is satisfied that the requirements
of the public facilities element of the General P: have been satisfied,
5) The proposed change of zone will not cause any substanf
environmental impacts, and has been declared in full compliance with environmental protection laws due to
prior complaince of EIR-307.
WHEREAS, the Planning Commission, by the following votc
recommended approval of ZC 206, subject to certain conditior
1) This approval is granted for that portion of land
described in the application, ZC-206, and further
described on Exhibit A dated 10/2/79.
2) The property to be rezoned is as shown on the attached
legal map, dated 11/14/79.
3) The applicant will provide school fees to mitigate
conditions of overcrowding as part of building permit
applications at time of development. These fees shall be based on the fee schedule in effect at the time of building permit application.
4) This zone change is approved upon the express conditior 'that the City Council finds it is reasonable to expect that sewer will be available concurrent with need as
required by Section 21.49.020(1) as amended and that building permits will not be issued for development of
the subject property unless the City Engineer determine
such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy. If the City Engine€
determines that sewer facilities are not available,
building permits will not be issued.
5) Prior to the issuance of building permits, the applican
shall pay a public facility fee as established in City
Council Policy No. 17. The applicant shall enter into
a secured agreement with the City for the payment of th
fee prior to City Council action.
AYES: Schick, Rombotis, Friestedt, Marcus, Jose, La
NOES: None
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NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregl
recitations are true and correct.
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ATTEST:
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STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1
CITY OF CARLSBAD 1 ss
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 28th day of November, 1979
by the following roll call vote:
AYES : Schick, Rombotis, Jose, Marcus, Friedstedt,
NOES : None
ABSTAIN: Leeds
ABSENT: None
ZC-206
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JWS C. HAGAMAN, Secre
CAARLSBAD PLANNING COMMI
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