HomeMy WebLinkAbout1986-03-26; Planning Commission; Resolution 2542* I/ a I I1
X il PLANNING COMMISSION RESOLUTION NO. 2542
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY.OF
CARLSBAD, CALIFORNIA, APPROVING AM AMENDMENT TO SITE
DEVELOPMENT PLAN NO. 82-3, TO CONSTRUCT A COMMERCIAL
SHOPPING CENTER ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF POINSETTIA LANE AND AVENDIA
ENCINAS. APPLICANT: POINSETTIA VILLAGE CASE NO: SDP 82-3(A) I
7 WHEREAS, a verified application has been filed with the
a City of Carlsbad, and referred to the Planning Commission; and
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l6 all testimony and arguments, if any, of all persons desiring to be
l7 heard, said Commission considered all factors relating to Site
l8 Development Plan No. 82-3(A).
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2o Commission of the City of Carlsbad as follows:
21 A) That the foregoing recitations are true and correct.
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission on the 26th day of March, 1986,
considered said request on property described as:
Portions of Sections 28 and 29, Township 12 South, Range
4 West, San Bernardino Meridian.
WHEREAS, at said hearing, upon hearing and considering
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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B) That based on the evidence presented at the hearing, the Commission APPROVES SDP 82-3(A), based on the following findings and subject to the following conditions:
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1 ) The project is consistent with the City's General Plan since
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the proposed commercial development is consistent with the community commercial designation as indicated on the Land Use Element of the General Plan.
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2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate commercial development at the density proposed.
3) The project is consistent with all City public facility pol- icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appropriate condition to this project, has ensured that building ,permits may not be issued for the project
unless the City Engineer determines that sewer service
is available, and building cannot occur within the
project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan
have been met insofar as they apply to sewer service for this project.
b) All necessary public improvements have been provided or will be required as conditions of approval.
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c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of %hat contract and payment of the fee will enable this body to find that
public facilities will be available concurrent with need as required by the General Plan.
d) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
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4) This project will not cause any significant environmental
impacts and has undergone previous environmental review,
therefore the the Planning Director has issued a Notice of
Prior Compliance on February 1, 1986 and approved by the
Planning Commission on February 26, 1986. 19 I I
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5) The applicant is by condition, required to pay any increase i public facility fee, or new construction tax or development
fees, and has agreed to abide by any additional requirements
established by a development management or public facility
program ultimately adopted by the City of Carlsbad. This wil
ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
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6) The additional mitigating measures added to the circulation system as discussed in the staff report will ensure safe access to and from the project.
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Cond it ions :
1) Approval is granted for SDP 82-3(A), as shown on Exhibits
"A" - "C", dated March 18, 1986, and Exhibits "D" - "R"
dated February 6, 1986 incorporated by reference and on file
in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions .
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 for such sewer permits and will continue to be available until time of occupancy.
3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference,
and according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated
October 7, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid
as promised, this application will not be consistent with
the General Plan and approval for this project shall be
void.
4) Approval of Site Development Plan No. 82-3(A) is granted subject to approval of Tentative Tract Map No. 81-6(B).
5) Site Development Plan No. 82-3(A) is subject to all of the conditions of approval of CT 81-6(B).
6) Before obtaining a final map or building permits, whichever occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by the City Council prior to July 20, 1986; (b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies with City Council Ordinance No. 9791.
7) Approval of SDP 82-3(A) shall run concurrent with the
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approval of CT 81-6(B)/PUD-94.
PC RES0 NO. 2542 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the Planning Commission of the City of Carlsbad, California,
held on the 26th day of March, 1986, by the following vote,
to wit:
AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith and Holmes,
NOES: Commissioner Hall.
ABSENT : None
ABSTAIN : None
ATTEST :
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Lh \ CLARENCE SCHLEHUBER, Chairman'.
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
PC RES0 NO. 2542 -4-