HomeMy WebLinkAbout1983-12-14; Planning Commission; Resolution 2226f ,a
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PLANNING COMMISSION RESOLUTION NO. 2226
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A
AND OFFICE CONDOMINIUM PERMIT FOR A TOTAL OF 20 UNI'
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER PIC0 DRIVE AND CHESTNUT AVENUE.
APPLICANT: FREEHOF
CASE NO: CT 80-40(A)/CP-l30(A)
PREVIOUSLY APPROVED 10 UNIT AIR SPACE TENTATIVE TRAl
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WHEREAS, a verified application for certain proper
wit:
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That portion of lot 13 in Block "C" of the resubdiv
of a portion of Alles Avocado Acres, according to M
2027 filed in the County of San Diego.,
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has been filed with the City of Carlsbad, and referred to th
Planning Commission: and
WHEREAS, said verified application constitutes a re
as provided by Title 21 of the Carlsbad Municipal Code; and
14 11 WHEREAS, the Planning Commission did, on the 14th d
l5 IIDecember, 1983, hold a duly noticed public hearing as prescr
16iilaw, to consider said request; and
17 11 WHEREAS, at said public hearing, upon hearing and
l8 liconsidering all testimony and arguments, if any, of all pers
19 11 ldesiring to be heard, said Commission considered all factors
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the Commission hereby APPROVES CT-80-40(A)/CP-l30(A),
relating to the Tentative Tract Map and Condominium Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public heal
based on the following findings and subject to the fol:
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1) The proposed tentative map as amended is consistent wit 2
Findings:
Land Use Element of the General Plan.
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4 improvements, dedications and access to serve the subjc
2) The project, as amended will have adequate street
project because there are no physical changes to the PI
5 3) The site is physically suitable in size and shape for 1
6 proposed development as amended since sufficient public
improvements and adequate amenities were part of the 01
7 approval and are adequate for the project as amended.
8 4) The project will not cause any significant adverse
environmental impacts and the Land Use Planning Manage]
9 issued a statement of prior compliance on November 7, 1
10 5) The project is consistent with all City Public Facility
Policies and Ordinances since:
a) The Planning Commission has, by inclusion of an 11
12 appropriate condition to this Tentative Subdivsiic
Amendment, insured that the final map will not be
13 approved unless the City Council finds that sewer
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shall be placed on the final map that building pe:
Planning Commission has added a condition that a : 14
is available to serve the project. In addition, .
Engineer determines that sewer service is availab.
may not be issued for this project unless the Cit;
16 Since the final map cannot be approved and buildil
permits cannot be issued unless sewer service rem(
17 available, the Planning Commission is satisfied t!
requirements of the Public Facilities Element of
18 General Plan have been met insofar as they apply
service for this project.
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20 design criteria of the condominium ordinance relative 6) The project as amended meets all development standards
residential condominium project.
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Conditions:
1) Approval is granted for CT 80-40(A)/CP-l30(A), as sho
Exhibit "A", dated December 14, 1983, incorporated by
reference and on file in the Land Use Planning Office
Development shall occur substantially as shown unless
otherwise noted in these conditions.
2) This project is approved upon the express condition t
final map shall not be approved unless the City Counc
as of the time of such approval that sewer service is
available to serve the subdivision.
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This project is approved upon the express condition tha applicant shall pay a public facilities fee as required
City Council Policy No. 17, dated April 2, 1982, on fil the City Clerk and incorporated herein by reference, an according to the agreement executed by the applicant fc payment of said fee, a copy of that agreement, dated Fe 27, 1980, is on file with the City Clerk and incorporat
this application will not be consistent with the Generc and approval for this project shall be void.
herein by reference. If said fee is not paid as promif
7 4) The applicant shall establish a property owner's assocj
Said CC&R's shall be submitted to and approved by the I 8 and corresponding covenants, conditions and restrictior
Planning Manager prior to final map approval. 9
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The applicant shall install street trees to city
specifications at 40 foot intervals along all public s'
frontages prior to final occupancy of any building. TI variety of said trees shall be subject to the approval
Parks and Recreation Department.
All land and/or easements required by this subdivision be granted to the city, without cost to the city, free liens and encumbrances.
Drainage improvements shall be constructed in accordan an approved plan, and the work shall be coordinated wi
overall plan for grading to the satisfaction of the Ci
Engineer.
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8) Medical and dental uses are specifically not allowed i professional office complex. 1 //// 1 //// 19
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PC RES0 NO. 2226 -3-
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2 PASSED, APPROVED AND ADOPTED at a regular meeting
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the 14th day of December, 1983, by the following vote, to 4
Planning Commission of the City of Carlsbad, California, he
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AYES: Chairman Schlehuber, Commissioners Rombo 6
wit: 5
Lyttleton, Farrow and Rawlins.
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NOES : Commissioner Marcus.
ABSENT: None.
ABSTAIN: None. L” d!-k
CLARENCE SCHLEHUBER, Chair
CARLSBAD PLANNING COMMISSI
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LAND USE PLANNING MANAGER 16
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