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HomeMy WebLinkAbout1981-01-14; Planning Commission; Resolution 1749'.. 6 b e e 1 I1 PLANNING COMMISSION RESOLUTION NO. 1749 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-1-7500 TO RD-M ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET BETWEEN CHESTNUT AVENUE AND ACACIA AVENUE. APPLICANT: SIE CASE NO: zc-220 6 I1 WHEREAS, a verified application for certain property, to 711 wit; 8 9 10 11 12 A portion of Block 29 and a portion of Block 'ID" accordin to Map 775 filed February 15, 1894. Also that portion of Lots 1 and 2 in Section 7 of fractional Block "A" of Map 775 filed February 14, I.,894. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provid I 13 14 15 16 17 18 by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 14th day of January, 1981, hold a duly noticed public hearing as prescribe by law to consider said request; and WHEREAS, at said public hearing, upon hearing and conside all testimony and arguments, if any, of all persons desiring t be heard, said Commission considered all factors relating to t 19 I 2o i; Zone Change; and 21 I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 11 Commission as follows: 23 11 A) That the foregoing recitations are true and correct. 24 25 26 27 28 €3) That based on the evidence presented at the public hearir the Commission recommends APPROVAL of ZC-220, based on tl following findings and subject to the following conditior Findings : 1) That the Zone Change to RD-M is consistent with the desic of RMH for this property established by the Land Use Eler of the General Plan. I1 APN: 204-160-12 & 17 I.. . e e 1 2 2) That the uses permitted by the RD-M zoning are consistent and compatible with other uses permitted in the area. 3) That the subject lots are adequate in size and shape to 3 accommodate uses permitted in the RD-M zone. 4 5 6 7 8 9 10 11 12 l3 I 14 15 4) That the project is consistent with all city public facility policies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this zone change insured that building permits will not be approved unless the City Council finds that sewer service is available to serve the project. Since 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 zone change. b) All necessary public improvements have been provided or will be required as conditions of 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 contract and payment of the fee will enable this body to find that public facilities will be available l6 I1 concurrent with need as required by the General Plan. I!r I-8 I ~ 19 I d) School facilities will be provided by the Carlsbad Unified School District, per letters dated August 20, 1980 and November 7, 1980, on file with the Planning Department. 5) The project will not cause any significant environmental 20 impacts and a negative declaration has been issued by 21 the Planning Director on December 8, 1980 and December 18, 1980 and approved by the Planning Commission on January 14, 1981. 22 23 24 dated December 29, 1980, incorporated by reference and on General Conditions: 1) Approval is granted €or ZC-220, as shown on Exhibit "A" 25 I file in the Planning Department. 26 27 28 2) This project is approved upon the express condition that building permits will not be issued for development of thl subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. PC RES0 #1749 I1 -2- .... L e e 1 2 3 4 5 6 3) This project is approved upon the express condition that applicants shall pay a public facilities fee as required City Council Policy No. 17, dated August 29, 1979, on fill with the City Clerk and incorporated herein by reference, according to the agreements executed by the applicants fo payment of said fee a copy of those agreements dated Augu 29, 1980, and December 5, 1980, are on file with the City Clerk and 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. 7 4) Approval of this request shall not excuse compliance with city ordinances in effect at time of building permit issu 8 sections of the Zoning Ordinance and all other applicable 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the 10 the 14th day of January, 1981, by the following vote, to wit: 11 Planning Commission of the City of Carlsbad, California, held 12 13 AYES : Chairman Marcus, Commissioners L'Heureux, Rombot NOES : None. Leeds, Larson, Friestedt, and Jose. 14 ABSENT: None. 15 ABSTAIN : None. 16 17 18 j .~ L %e- CARLSB PLANNING COMMISSI I 19 I/ ATTEST: \i RLSBAD PLA OMMISSION 23 11 24 25 26 27 28 PC ,I RES0 #1749 -3-