HomeMy WebLinkAbout1981-03-11; Planning Commission; Resolution 1752,f \
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PLANNING COMMISSION RESOLUTION NO. 1752
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-P TO C-1-Q ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF HARDING STREET BET- F7EEN ELM AVENUE AND OAK AVENUE. APPLICANT: JACK IN THE BOX
CASE NO: zc-222
WHEREAS, a verified application for certain property, to
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Lots 11, 12, 13, 14, 15, and 16 of Block 66 of the Town
of Carlsbad Amended, according to map thereof No. 775
filed on March 12, 1915.
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Planning Commission; and 11
has been filed with the City of Carlsbad, and referred to the
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13 by Title 21 of the Carlsbad Municipal Code; and
14 WHEREAS, the Planning Commission did on the 14th day of
15 January, 1981, hold a duly noticed public hearing and continuc
16 public hearings on February 11 and March 11, 1981 as prescribc
17 by law to consider said request; and
18 WHEREAS, at said public hearing, upon hearing and considc
19 ~ all testimony and arguments, if any, of all persons desiring 1
20 I be heard, said Commission considered all factors relating to
21 the Zone Change; and
WHEREAS, said application constitutes a request as provic
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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A) That the foregoing recitations are true and correct. 24
Commission as follows:
1) That the Zone Change to C-1-Q is consistent with the 28
Findings 27
following findings and subject to the following conditio! 26
the Commission recommends APPROVAL of ZC-222, based on tl I B) That based on the evidence presented at the public hearil 25
designation of N in the Land Use Element of the General
Plan, as discussed in the staff report.
APNS: 203-35303 & 203-353-08
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2) As conditioned, that the lot is suitable in size and shap to accomodate development permitted in the proposed zone.
3) As conditioned, that the Zone Change would not adversely
impact surrounding properties,
4) The project will not cause any significant environmental
impacts and a Negative Declaration has been issued by
the Planning Director on December 18, 1980 and approved
by the Planning Commission on January 14, 1981.
5) The project is consistent with all city public facility
policies and ordinances since:
a) All necessary public improvements have been provided
or will be required as conditions of 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 contract and payment of the fee will enable this body to
find that public facilities will be available
concurrent with need as required by the General Plar
c) 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. 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.
6) As conditioned, that the street system serving the projec
is adequate to handle any increase in traffic generated
by the change of zone.
General Conditions
1) Approval is granted for ZC-222, as shown on Exhibit X,
dated December 29, 1980, incorporated by reference and
on file in the Planning Department.
2) This project is approved upon the express condition that
building permits will not be issued for development of tl
subject property unless the City Engineer determines thai sewer facilities are available at the time of applicatio~ for such sewer permits and will continue to be available
until time of occupancy. /I///
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PC RES0 #1752 -2-
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3) This project is approved upon the express condition that
applicant shall pay a public facilities fee as required b
City Council Policy No. 17, dated August 29, 1979, on fil
with the City Clerk and incorporated herein by reference,
according to the agreement executed by the applicant for
payment of said fee a copy of that agreement dated Octobe
23, 1980, is 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.
4) Approval of this request shall not excuse compliance with
all sections of the Zoning Ordinance and all other appli- cable city ordinances in effect at time of building permi
issuance.
and void if building perrr
within one year from the
date of project approval.
stment plat to consolidat
the two subject lots. Assessors Parcel Numbers 203-353-C
and 203-353-08, prior to issuance of any building permits
for either lot.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
on the 11th day of March, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Leeds, Larson, Romk
NOES: Commissioners Jose and L'Heureux
and Friestedt.
ABSENT :None.
ABSTAIN: None.
LANNING COMMISSI(
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