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HomeMy WebLinkAbout1981-04-22; Planning Commission; Resolution 1792a. -\ e e I. /I PLANNING COMMISSION RESOLUTION NO. 1792 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE FROM PROFESSIONAL WITH A QUALIFIED OVERLAY ZONE ON PROPERTJ GENERALLY LOCATED ON THE EAST SIDE OF JEFFERSON STREEā€™I BETWEEN LAGUNA DRIVE AND HOME STREET. APPLICANT: BANDEMER AND SCHLEHUBER CASE NO: ZC-230 R-3, MULTIPLE FAMILY RESIDENTIAL TO RP-Q, RESIDENTIAL I1 WHEREAS, a verified application for certain property, 7 8 9 10 11 to wit: Lots 2-7 in Schell and Sites Addition to Carlsbad, according to Map thereof No. 2145 filed in the Office of the County Recorder, February 20, 1979, and a portion of Tract 117 of Carlsbad Lands according to Map thereof No. 1661, filed in the Office of the County Recorder of Sari Diego County, March 1, 1915. 12 law to consider said request: and 18 April, 1981, hold a duly noticed public hearing as prescribed b 17 WHEREAS, the Planning Commission did on the 8th day of 16 by Title 21 of the Carlsbad Municipal Code; and 15 WHEREAS, said application constitutes a request as provide 14 Planning Commission; and 13 has been filed with the city of Carlsbad, and referred to the 19 1 WHEREAS, at said public hearing, upon hearing and 20 B) That based on the evidence presented at the public hearing, 26 A) That the foregoing recitations are true and correct. 25 Commission as follows: 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 relating to the Zone Change: and 22 desiring to be heard, said Commission considered all factors 21 considering all testimony and arguments, if any, of all persons the Commission recommends APPROVAL of ZC-230, based on the 27 following findings and subject to the following conditions: 28 //// .A e.. e e 1 2 Findings: 3 1) The proposed change of zone to RP-Q is consistent with the General Plan designation of RMH/O since a designation such as this is applied to an area which is suitable for either multiple-family residential use or office use. 4 2) Although the subject properties are narrow, the Q Overlay 5 Zone designation requires that a site development plan be 6 processed and approved in order to insure that the properties are suitable for the type of uses and density o development allowed in the RP zone. 7 3) The RP zone is compatible with surrounding properties sinc a the zone provides a transition between office uses existin 9 on the west side of Jefferson Street and residential uses located to the east of the subject properties. 10 11 12 13 14 15 16 17 4) 5) 6) 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 Plan. The Planning Director has determined that this zone change will not have a significant impact on the environment and therefore, issued a Negative Declaration on March 11, 1981, which was approved by the Planning Commission on April 8, 1981. The proposed change of zone is consistent with all other elements of the General Plan. 18 11) The change of zone from R-3 to RP-Q shall be for those l9 Conditions: 20 properties shown on Exhibit "B" dated April 22, 1981. 21 22 23 24 25 26 2) 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 a copy of that agreement dated February 3, January 7, January 8, 1981, December 29, October 23, and December 19, 1980, is 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. 27 /I//// 28 //// PC RES0 #1792 -2- I1 I. *, 'Z 4 4 1/1 !m 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 4 held on the 22nd day of April, 1981, by the following vote, to 3 the Planning Commission of the city of Carlsbad, California, wit: 5 ABSENT: Commissioner Friestedt. 7 AYES : Chairman Marcus, Commissioners Rombotis, Jose, and L'Heureux. 6 NOES : None. 8 ABSTAIN: Commissioners Farrow and Schlehuber. 9 10 11 12 13 14 15 ATTEST : 592kk.4L L MARY MAR S, Chairman CARLSBA LANNING COMMISSIOK 25 26 ' 27 28 PC RES0 #1792 -3-