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HomeMy WebLinkAbout1981-10-14; Planning Commission; Resolution 1874* C t /I 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 e 0 PLANNING COMMISSION RESOLUTION NO. 1874 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR A 3 UNIT SINGLE FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED IMMEDIATELY EAST OF SKYLINE DRIVE AND NORTH OF TAMARACK AVENUE (EXTENDED). APPLICANT: SCHWAB/SUNSET PACIFIC CASE-NO: ..--PUD-25..---...,.--. - .. ... . . WHEREAS, a verified application for certain property, to wit: That portion of Lot 18 of Carlsbad Highlands, Map 261 and Lot one of Map 833 and Lot 48 of Carlsbad Tract - 15, filed November 16, 1896 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Codc and WHEREAS, the Planning Commission did, on the 14th dal of October, 1981, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any of all person: desiring to be heard, said Commission considered all factors relating to the Planned Unit Development; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin! Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearin! the Commission recommends APPROVAL of PUD-25, based on thc following findings and subject to the following condition: //// I - e 0 1 Findings: - 2 3 1) The proposed project will not be detrimental to the persor residing in the vicinity or injurious to property or improvements because the property will be developed as a single family subdivision and will be compatible with 4 surrounding uses. 5 6 7 8 9 2) 3) The project is consistent with the city's General Plan sir the proposed density of 1.74 du's/acre is within the densi range of 0-4 du's/acre specified for the site as indicate6 the Land Use Element of the General Plan. The site is physically suitable for the type and density o the development since the site is adequate in size and sha to accommodate residential development at the density pro- posed. 10 4) The project is consistent with all city public facility PC 11 icies and ordinances since: a) The Planning Commission has, by inclusion of an appro- 12 priate condition to this project, insured that the fir map will not be approved unless the City Council findE 13 that sewer service is available to serve the project. addition, the Planning Commission has added a conditi 14 that a note shall be placed on the final map that buil ing permits may not be issued for the project unless t 15 City Engineer determines that sewer service is availab and building cannot occur within the project unless se 16 service remains available, the Planning Commission is satisfied that the requirements of the public faciliti 17 element of the General Plan have been met insofar as t apply to sewer service for this project. 18 b) School facilities will be provided by the Carlsbad Sch 19 I District per letter of agreement dated May 1, 1981. 20 21 22 23 24 25 26 27 c) The payment of park-in-lieu fees is required as a condition of approval. d) All necessary public improvements have been provided c will be required as conditions of approval. e) The applicant has agreed and is required by the inclus of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the will enable this body to find that public facilities w be available concurrent with need as required by the General Plan. f) Assurances have been given that adequate sewer for the I project will be provided by the city of Carlsbad. //I/ 28 PC RES0 #1874 -2- e <, I1 a a 1 2 5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 1, 1981 and approved by the Planning Commission on October 14, 1981. 3 11 Conditions: 4 I/ General 5 6 7 8 9 10 11 12 13 1) Approval is granted for PUD-25, as shown on Exhibit "A", dated September 25, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these cond it ions. 2) This project is approved upon the express condition that t final map shall not be approved unless the City Council finds as of the time of such approval that sewer service i available to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued for development of the 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. 14 15 16 17 18 19 4) I This project is approved upon the express condition that t applicant shall pay a public facilities fee as required bl 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 f payment of said fee a copy of that agreement dated May 7, 1981, is on file with the City Clerk and incorporated her€ by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan 2 approval for this project shall be void. 20 6) All conditions of approval of Resolution No. 1873, for CT 21 5) This project shall conform to all R-1 zoning standards. 13 are applicable to this Planned Unit Development, 22 incorporated herein, and shall be strictly adhered to. 23 //// I1 2411 //// 25 11 //// 26 11 //// 27 11 ///I 28 // //// PC RES0 #1874 -3- I .v /I 1 2 3 4 5 6 7 @ e PASSED, APPROVED AND ADOPTED at a regular meeting Of the Planning Commission of the city of Carlsbad, California, held the 14th day of October, 1981, by the following vote, to wit: AYES : Chairman Marcus, Commissioners Farrow, Schlehube: NOES: None. Jose, Friestedt and L'Heureux. ABSENT: Commissioner RombOtiSo ABSTAIN : None 8 9 20: 11 ATTEST : a MARY WCUS, Chairman CARL A PLANNING COMMISSION v ARLSBAD P G COMMISSION 19 I 20 21 22 23 24 25 11 26 I1 PC RES0 #I874 -4-