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HomeMy WebLinkAbout1980-04-09; Planning Commission; Resolution 1621$. & r,' .L. . .. 1 2 3 4 1) 0 PLANNING COYLMISSION RESOLUTION NO. 1621 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-1-15,OOO TO R-1-7500 ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SUNNYHILL DRIVE, SOUTH OF MONROE STREET. 5 6 APPLICANT : SMITH CASE NO: ZC-209 7 8 9 10 11 12 13 14 15 16 WHEREAS, a verified application for certain property, tc wit: Parcel C of Parcel Map No. 1337 being a survey of a portion of Alder Acre and Lot E of Map 6503 together with Lot 35 and portion of Lot 36 of Carlsbad Eighlands, Map No. 2647, in the City of Carlsbad, State of California. has been filed with the City of Carlsbad, and referred to thc Planning Commission; and 'WHEREAS, said application constitutes a request as prov. by Title 21 of the Carlsbad Nunicipal Code; and WHEREAS, the Planning Commission did on the 9th day of 17 18 April, 1980, hold a duly noticed public hearing as prescribe1 by law to consider said request; and 19 I WHEREAS, at said public hearing, the Planning Comissio: amended the original zone change request by the applicant as 2o I 21 22 indicated on Exhibit "A", dated April 2, 1980, by reducing t area to be rezoned to R-1-7500; and 23 II WHEREAS, at said public hearing, upon hearing and consi 24 25 26 27 all testimony and arguments, if any, of all persons desiring be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 ll Commission as follows: .- c .I' * <. e 0 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 heari the Commission recommends APPROVAL of ZC-209, based on the following findings and subject to the following conditions: Findings : 1) The proposed change of zone is consistent with the Gener Plan for the following reasons: a, The 3-1-7500 zone is consistent with the General P1 density range of 0-4 du's/acre. b, The proposed zone is compatible with the zoning in the vicinity. c. The uses allowed in the proposed zone are compatibl with the existing and surrounding uses in the vicir 2) The site is physically suitable for the type of uses allowed in the R-1-7500 zone. 3) The applicant has agreed and is required by the inclusic of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by tl- General Plan. 4) The proposed change of zone will not cause any substanti environmental impacts, and therefore, the Planning Direc has issued a Declaration of Negative Environmental Impac for the project dated April 1, 1980, Log No. 660. 5) The proposed change of zone is consistent with all other elements of the General Plan. Conditions 1) A change of zone from R-1-15,000 to R-1-7500 shall be fc that property as shown on Exhibit "A" dated April 2, 19t 2) This change of zone is granted subject to the approval ( a parcel map by the City Engineer splitting the propert: substantially as shown on Exhibit "A" dated April 2, 19l 3) This approval is expressly conditioned on the payment b: 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 tl application for paynent of said fee. A copy of that PC RES0 #1621 -2- li I . *" E .- .. e 0 1 2 3 agreement dated January 30, 1980, is on file with the City Clerk and incorporated herein by reference. If sai fee is not paid as promised, this application will not b consistent with the General Plan and the project cannot proceed and this approval shall be void. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the 5 the 9th day of April, 1980, by the following vote, to wit: 6 Planning Commission of the City of Carlsbad, California, held 7 8 9 10 11 12 AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis and Jose. NOES : None. ABSENT : None. ABSTAIN: None. 13 14 15 16 l7 ATTEST : 23 24 25 26 27 28 PC RES0 #1621 -3-