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HomeMy WebLinkAbout1980-03-26; Planning Commission; Resolution 1613, I. a e 1 I/ PLANNING COP4JTISSION RESOLUTION NO. 1613 II 2 3 4 5 6 A RESOLUTION OF THE PLANNING CO.P”iMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SINGLE FAMILY HOMES LOCATED ON THE WEST SIDE OF HILLSIDE AND VALENCIA, NORTH OF PARK DRIVE. APPROVAL OF A PLANKED UNIT DEVELOPMENT FOR 15 APPLICANT: ROPIBOTIS CASE NO: PUD-14 I 7 WHEREAS, a verified application for certain property, 8 to wit: 9 10 11 l2 has been filed with the City of Carlsbad, and referred to the l3 Planning Commission; and 14 That portion of Lot “I” of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the Office of the County Recorder of San Diego County, December 16, 1896. WHEREAS, said verified application constitutes a request 1511 as provided by Title 21 of the Carlsbad Municipal Code; and I.f3 // WHEREAS, the Planning Director has determined that the l7l1 granting of this Planned Unit Development will have a non- 181/ significant impact on the environment and has reported that E l9 11 Negative Declaration has been filed for this project and that I 2o 21 project is in full compliance with the City of Carlsbad‘s Environmental Protection Ordinance of 1972; and 22 II WHEREAS, the Planning Commission did, on the 12th day of 23 11 March, 1980, hold a duly noticed public hearing as prescribec 24 25 by law to consider said request; and all testimony and arguments, if any, of all persons desiring 26 WHEREAS, at said public hearing, upon hearing and consic 27 (( be heard, said Commission considered all factors relating to 28 // Planned Unit Developnent; and I 0 e 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 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning commission as follows: A) That the above recitations are true and correct. E) That based on the evidence presented at the public hearil the Commission finds the following findings and conditio] to exist: Findings 1. The proposed project will not be detrimental to the persl residing in the vicinity or injurious to property or improvements in the area because: a. The property will be developed as a single family subdivision and will be compatible with surrounding uses. b. The proposed lots meet the minimum requirenents of the R-1-7500 zone with the exception of the side and rear yard requirements. 2. All design criteria and development standards set forth in the PUD Ordinance have been met. 3. The proposed project will contribute to the general well, being of the neighborhood and community. 4. The proposed project is consistent with the general plan since it is within the density range specified for the site as indicated on the Land Use Plan. 5. The project is consistent with all city public facilitie policies and ordinances because: a. The applicant has received 15 edu's from the second phase sewer allocation of the City Sanitation Distr b, The Planning Commission has, by inclusion of an appropriate condition to this Planned Unit Developm and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning PC RES0 #1613 - -2- c I L 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I e e Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this Planned Unit Development and tenat map approval. c. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contrac and payment of the fee will enable this body to fin1 that public facilities will be available concurrent with need as required by the General Plan. d. All necessary public improvements have been provide or will be required as conditions of approval. e. School facilities will be available in the Carlsbad Unified School District. Conditions 1. Approval is granted for PUD-14 as shown on Planning Commission Exhibit "B" dated February 29, 1980, and Exhibits "C" and "D" dated February 19, 1980, incorporat by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. A final condominium plan shall be filed with and approve by the Planning Director prior to issuance of building permits. The plan shall reflect all revisions required by this approval and shall include a mylar of the site plan, a final grading plan, final elevation plans and a final landscaping plan. 3. Unless otherwise stated in these conditions, this projec shall meet all requirements and regulations of the R-1 z and the minimum yards shall be as follows: Front: 20 feet Rear : 15 feet Side: 5 feet each side. 4. This PUD is approved upon the express condition that bui permits will not be issued for development of the subjec property unless the City Engineer determines that such sewer facilities are available at the time of applicatio for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits wil not be issued. 5. In order to provide for fire protection during the con- struction period, the applicant shall maintain passable vehicular access to all buildings. In addition, adequat PC RES0 #1613 -3- c * . t ,I . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I e e fire hydrants and/or off site, stand pipes with required fire flows shall be installed on and/or off-site, as recommended by the Fire Chief or his designee. 6. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City spec- ifications at 40 foot intervals along all public street frontages. 7. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by th applicant for payment of said fee. A copy of that agreement, dated 2/29/80, is on file with the City Clerk and incorporated herein by reference. If sai fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held the 26th day of March, 1980, by the following vote, to wit: AYES: Schick, Larson, Marcus, Leeds, Jose NOES : None ABSENT: None ABSTAIN: Rombotis, Friestedt 20 21 22 23 24 ATTEST : CARLSBAD PLANNING CO ISSIOI Q SBAD PLAN 2vl PC RES0 #1613 -4-