HomeMy WebLinkAbout1981-06-24; Planning Commission; Resolution 1822# -
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PLANNING COMMISSION RESOLUTION NO. 1822
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A PRE-ANNEXATION ZONING FROM S-90-10
(COUNTY) TO RD-M AND C-2-Q ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL
AND ALGA ROAD.
APPLICANT : MOLA
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CASE NO: ZC-231
WHEREAS, a verified application for certain property
wit:
That portion of the west half of the northeast quart of Section 26 township 12 rnage 4, west San Bernadir Meridan in the County of San Diego.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as p
vided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 24th dab
June, 1981, hold a duly noticed public hearing as prescribed
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and cc
sidering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearir the Commission recommends APPROVAL of ZC-231, based on tl following findings and subject to the following conditior
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Findings
1) That the zoning to C-2-Q and RD-M is consistent with the r tive designations of C, (Community Commercial) and RLM (Re
tial Low-Medium Density) for this property as established
Land Use Element of the General Plan.
2) That the subject lots are adequate in size and shape to ac
date uses permitted in these zones, as discussed in the st
report.
3) That the zoning would not adversely impact surrounding prc ties, as discussed in the staff report.
4) That the street system serving the project is adequate to
modate any increase in traffic generated by these zones, E
cussed in the staff report.
5) That the project is consistent with all city public facili policies and ordinances since:
a) The Planning Commission has, by inclusion of an apprc condition to this zone change insured that building g will not be approved unless the City Council finds tk sewer service is available to serve the project. Sir
building cannot occur within the project unless sewel vice remains available, the Planning Commission is si
fied that the requirements of the public facilities E
of the General Plan have been met insofar as they apg sewer service for this zone change.
b) All necessary public improvements have been provided will be required as conditions of approval.
c) The applicant has agreed and is required by the inclt
of an appropriate condition to pay a public facilitic
Performance of that contract and payment of the fee \
enable this body to find that public facilities will
available concurrent with need as required by the Gel
Plan .
d) School facilities will be provided by the Carlsbad UI
School District, per letters dated February 23, 1981
file in the Planning Department.
6. This project, as conditioned, will not cause any significi
environmental impacts and a Conditional Negative Declarat: been issued by the Planning Director on June 8, 1981 and i proved by the Planning Commission on June 24, 1981.
Conditions:
1) Approval is granted for ZC-231, as shown on Exhibit A, dai
June 24, 1981, incorporated by reference and on file in tl
Planning Department.
PC RES0 #1822 -2-
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2) This project is approved upon the express condition that
building permits will not be issued for development of thc
subject property unless the City Engineer determines that
sewer facilities are available at the time of application
such sewer permits and will continue to be available unti.
time of occupancy.
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 fi
with the City Clerk and incorporated herein by reference, according to the agreement executed by the applicant for ment of said fee a copy of that agreement dated February
1981, is on file with the City Clerk and incorporated her by reference. If said fee is not paid as promised, this plication will not be consistent with the General Plan an approval for this project shall be void.
PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held
the 24th day of June, 1981, by the following vote, to wit:
AYES: Farrow, Schlehuber, Friestedt, L'Heureux
NOES: Jose
ABSENT: Marcus, Rombotis
ABSTAIN : None
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ATTEST:
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PC RES0 #1822 -3-