HomeMy WebLinkAbout1982-04-14; Planning Commission; Resolution 1916-& i I/ e 0
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PLANNING COMMISSION RESOLUTION NO. 1916
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE CHANGE FROM R-A-10,000
TO RD-M, RESIDENTIAL DENSITY MULTIPLE ON 4.1 5
ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH-
WEST CORNER OF EL CAMINO REAL AND CHESTNUT AVENUE.
APPLICANT: SHEFFLER
CASE NO: ZC-255
t5 I1 WHEREAS, a verified application for certain property,
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A portion of Lot "J" of the Rancho Aqua Hedionda
according to partion map thereof No. 823 filed Noveml:
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Planning Commission; and I'
has been filed with the city of Carlsbad, and referred to the
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, said application constitutes a request as
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WHEREAS, the Planning Commission did on the 27th day
January, 1982, the 24th day of February, 1982 and on the 24th
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l9 'considering all testimony and arguments, if any, of all persol
2o /desiring to be heard, said Commission considered all factors
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
el~~relating to the Zone Change; and
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24 A) That the foregoing recitations are true and correct.
25 B) That based on the evidence presented at the public hearinc
26 the Commission recommends APPROVAL of ZC-255, based on thc
following findings and subject to the following condition:
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc
Commission as follows:
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'L e e
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3 3) That the zoning would not adversely impact surrounding
4 4) That the street system serving the project is adequate to
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6 5) The project is consistent with all city public facility pc
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2) That the subject lots are adequate in size and shape to
accommodate uses permitted in the zone, as discussed in tk
staff report.
properties, as discussed in the staff report.
accommodate any increase in traffic generated by these zones, as discussed in the staff report.
icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appro] ate condition to this project, insured that developme]
will not be approved unless the City Council finds th( sewer service is available to serve the project. In q
ition, the Planning Commission has added a condition
that building permits may not be issued for the projec
unless the City Engineer determines that sewer servicc
available, and building cannot occur within the projec
unless sewer service remains available, the Planning
Commission is satisfied that the requirements of the
public facilities element of the General Plan have bec
met insofar as they apply to sewer service for this
project.
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b) An existing school agreement between the developer anc Carlsbad Unified School District will ensure adequacy school facilities, per letter dated December 10, 1981
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c) The applicant has agreed and is required by the inclu: of an appropriate condition to pay a public facilitier
fee. Performance of that contract and payment of the will enable this body to find that public facilities 1 be available concurrent with need as required by the (
era1 Plan.
20 6) This project as conditioned will not cause any significa!
has been issued by the Planning Director on March 3, 198
22 and approved by the Planning Commission on March 24, 198
23 General Conditions
24 1) Approval is granted for ZC-255, as shown on Exhibit(s) A dated March 24, 1982, and C, and D dated, January 15, 198
25 incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shl
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21 environmental impacts and a Conditional Negative Declara
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PC RES0 #I916 -2-
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2) This project is approved upon the express condition that building permits will not be issued for development of tht 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.
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3) This project is approved upon the express condition that i
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City Council Policy No. 17, dated August 29, 1979, on fi: applicant shall pay a public facilities fee as required b:
with the City Clerk and incorporated herein by reference,
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according to the agreement executed by the applicant for 1 ment of said fee a copy of that agreement dated February
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1982, is on file with the City Clerk and incorporated herc by reference. If said fee is not paid as promised, this
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application will not be consistent with the General Plan (
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approval for this project shall be void.
the 14th day of April, 1982, by the following vote, to wit: 12
Planning Commission of the city of Carlsbad, California, held Il
PASSED, APPROVED AND ADOPTED at a regular meeting of
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AYES : Commissioners Rombotis, Schlehuber, and L'Heureux,
NOES : None.
ABSENT: Chairman Farrow and Jose.
I.€i I! ABSTAIN: Commissioners Marcus and Friestedt.
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ATTEST :
CLARENCE H. SCHLEHUBER, Vice-chairman
CARLSBAD PLANNING COMMISSION
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11 PC RES0 NO, 1916 -3-