HomeMy WebLinkAbout1981-01-14; Planning Commission; Resolution 1749'.. 6
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1 I1 PLANNING COMMISSION RESOLUTION NO. 1749
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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;
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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
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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.
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€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
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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.
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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.
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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
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24 dated December 29, 1980, incorporated by reference and on
General Conditions:
1) Approval is granted €or ZC-220, as shown on Exhibit "A"
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file in the Planning Department.
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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-
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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
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the 14th day of January, 1981, by the following vote, to wit: 11
Planning Commission of the City of Carlsbad, California, held
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AYES : Chairman Marcus, Commissioners L'Heureux, Rombot
NOES : None. Leeds, Larson, Friestedt, and Jose.
14 ABSENT: None.
15 ABSTAIN : None.
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CARLSB PLANNING COMMISSI
I 19 I/ ATTEST: \i
RLSBAD PLA OMMISSION
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RES0 #1749 -3-