HomeMy WebLinkAbout1981-10-28; Planning Commission; Resolution 1881a z e e
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PLANNING COMMISSION RESOLUTION NO. 1881
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
ZONE CHANGE FROM C-1 TO RD-M ON PROPERTY GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF ALGA ROAD AND EL
CAMINO REAL.
APPLICANT : NEWPORT SHORES
CASE NO: zc-2 35
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WHEREAS, a verified application for certain property,
to wit:
Lots 1 and 44 of Carlsbad Tract 72-34, Unit No. 1 ani
2, according to Maps 8350 and 8351 filed July 28, 19;
has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 28th day
October, 1981, hold a duly noticed public hearing as prescribe
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persol
desiring to be heard, said Commission considered all factors
relating to the Zone Change: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin?
Commission as follows: I
~ A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearinc
the Commission recommends APPROVAL of ZC-235, based on thc following findings and subject to the following condition:
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Findings:
1) The project is consistent with the city's general plan sir
the proposed zone, RD-M, is consistent with the RM and RME
(Residential Medium and Medium-High Density) , designation
established for this property by the Land Use Element of t
General Plan.
2) The subject lots are physically suitable for the type and
density of the development since the site is adequate in s
and shape to accommodate residential development at the de
sities proposed.
3) The project is consistent with all city public facility PC
icies and ordinances since:
a) The Planning Commission has, by inclusion of an approp
ate condition to this project, insured that developmen
of the property will not be approved unless the City
Council finds that sewer service is available to serve
the project. In addition, the Planning Commission has
added a condition that building permits will not be
issued for development of the property unless the City
Engineer determines that sewer service is available, e
building cannot occur within the project unless sewer
service remains available, the Planning Commission is
satisfied that the requirements of the public faciliti
element of the General Plan have been met insofar as t
apply to sewer service for this project.
b) An existing school agreement between the developer and Carlsbad Unified School District will ensure adequacy
school facilities per letter dated August 7, 1981.
c) All necessary public improvements have been provided c
will be required as part of any future development of
property.
d) 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.
e) Assurances have been given that adequate sewer for the
project will be provided by the city of Carlsbad.
4) The proposed project is compatible with the surrounding
existing and future land uses since surrounding propertie
are designated for residential development on the General
Plan or physically separated from the project site. ///
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PC RES0 1881 -2-
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5) The environmental effects of this project have been consi-
dered in conjunction with previously certified environment
documents and it has been determined that this project wil
not cause any significant environmental impacts and a Noti
of Prior Environmental Compliance has been issued by the
Planning Director on September 17, 1981, and approved by t
Planning Commission on October 28, 1981.
5 Conditions ll 6 General Conditions :
7 1) Approval is granted for ZC-235, as shown on Exhibit "A",
dated October 28, 1981, incorporated by reference and on f 8 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 the
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 until
time of occupancy.
3) This project is approved upon the express condition that t
applicant shall pay a public facilities fee as required by 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 p
ment of said fee a copy of that agreement dated February 2
1981, is on file with the City Clerk and incorporated here
by reference. If said fee is not paid as promised, this a
plication will not be consistent with the General Plan and
approval for this project shall be void.
18 4) Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable
ance . 19 I city ordinances in effect at time of building permit issu-
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ll PC RES0 1881 -3-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of
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to wit: 4
held on the 28th day of October, 1981, by the following vote, 3
the Planning Commission of the city of Carlsbad, California,
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AYES : Chairman Marcus, Conmissioners Rmbotis, Farm,
Jose, Wiestedt and L'Heureux. NOES : None.
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ABSTAIN : None. a
ABSENT : Canmissioner Schlehuber
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ATTEST :
LL - S, Chairman
CARLS PLANNING COMMISSION
RLSBAD PL OMMISSION
/"77
OMMISSION
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PC RES0 1881 -4 -