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HomeMy WebLinkAbout1980-10-22; Planning Commission; Resolution 1714* / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 e (I) PLANNING COMMISSION RESOLUTION NO. 1714 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING AFPROYAL OF A PLANNED UNIT DEVELOPMENT FOR A 7 UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF VALENCIA AVENUE BETThJEEN PARK DRIVE AND SEVILLA WAY IN THE P-C ZONE. APPLICANT: ROMBOTIS CASE NO :. ' ' PUD-2'3' WHEREAS, a verified application for certain property, to wit: Portion of Lot I of Rancho Aqua Hedionda, County of San Diego, Map No. 823, filed December 16, 1896. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 22nd day of October, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consid all testimony and agruments, if any of all persons desiring t be heard, said Commission considered all factors relating to Planned Unit Development: and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public heari the Commission recommends APPROVAL of PUD-23, based on the following findings and subject to the following conditions: PC RESOL #1714 " ": // e 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 Findings 1. The proposed project will not be detrimental to the persons residing in the vicinity or injurious to prop- perty 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 requirements of the R-1-7500 zone with the exception of the sideyar requirement. 2. The proposed project is consistent with the general plan since it does not exceed the density range specified for the site as indicated on the Land Use Plan. 3. The project is consistent with all City public facilitie policies and ordinances because: a. The Planning Commission has, by inclusion of an appropriate condition to this condominium permit 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 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 condominium permit and tentative map approval. b. 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 fir that public facilities will be available concurrent with need as required by the General Plan. c. All necessary public improvements have been provide or will be required as conditions of approval. d. School facilities will be available in the Carlsbac Unified School District. PC RES0 #1714 -2- 0 -L . 0 1 Conditio'ns e 2 1. Approval is granted for PUD-23, as shown on Exhibit A, dated September 17, 1980, incorporated by reference and occur substantially as shown unless otherwise noted in 3 these conditions. 4 on file in the Planning Department. Development shall 5 6 2. 7 8 9 10 3. This project is approved upon the express condition tha building permits shall not be issued for development of the subject property unless the City Engineer deter- mines that sewer capacity is available at the time of application for such permits and will continue to be available until time of occupancy. This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 11 12 13 14 15 16 4. This project is approved upon the express condition that the applicant shall pay 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 the applicant for payment of said fee, dated September 5, 1980, on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised this application will not be consistent with the General Plan and approval for this project shall be void. 17 herein. Said site plan shall be submitted to and apprc 18 5. The applicant shall prepare a reproducible mylar of the final si.te plan incorporating the conditions contained by the Planning Department prior to the issuance of 19 building permits. 20 6. The applicant shall establish covenants, conditions and restrictions which shall be submitted to and approved k shall include a provision prohibiting parking of recrea 21 vehicles in the 20' front yard .setback. 22 Planning Director prior to final map approval. Said CC 23 24 25 26 27 7, Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs. 8. Approval of this request shall not excuse compliance with all sections of the zoning Ordinance and all othev applicable city ordinances in effect at time of buildir permit issuance, 28 11 I/// PC RES0 #1714 -3- / ** la Ii e a 1 2 3 10. This project shall conform to all R-1 zoning standards 4 only, 10 feet on the opposite side. except for sideyards which shall be 5 feet on one side wit: 7 the 22nd day of October, 1980, by the following vote, to ' Planning Commission of the City of Carlsbad, California, he1 5 PASSED, APPROVED AND ADOPTED at a regular meeting of th 9. The expiration date for this project shall coincide wit CT 80-39. 8 9 AYES : Commissioner Schick, Leeds, Larson, Jose, and NOES: None. Friestedt. 10 ABSTAIN: Commissioner Rombotis, 11 ABSENT: Commissioner P4arcus. 12 13 14 11 CARLSBAD PLANNING, CVISE -4- \I