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HomeMy WebLinkAbout1991-09-18; Planning Commission; Resolution 32920 0 PLANNING COMMISSION RESOLUTION NO. 3292 1 2 3 4 5 6 7 a 9 10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 UNIT CONDOMINIUM TOWNHOME DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET EAST OF JEREZ COURT. CASE NAME: GIBRALTAR GREENS CASE NO: CP 90-12 WHEREAS, a verified application for certain property to wit: Parcel 1 : the real property in the City of Carlsbad, County of San Diego, State of California, being a portion of the North Half of the Southeast one- quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof; Parcel 2: Lots 376 and 377 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6600, filed in the Office of the County Recorder of San Diego County, May 10, 1970, has been filed with the City of Carlsbad and referred to the Planning Commission; and 11 12 13 WHEREAS, the Planning Commission did, on the 18th day of September, 1991, holl 14 the Carlsbad Municipal Code; and WHEREAS, said verified application constitutes a request as provided by Title 21 G l5 // a duly noticed public hearing as prescribed by law to consider said request; and l6 /I WHEREAS, at said public hearing, upon hearing and considering all testimony an 17 18 19 arguments, if any, of all persons desiring to be heard, said Commission considered a factors relating to the Tentative Tract Map and Planned Unit Development. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 2 21 B) That based on the evidence presented at the public hearing, the Commissio 23 A) That the above recitations are true and correct. 22 follows: 24 APPROVES CP 90-12, based on the following findings and subject to the followin 25 26 conditions: 27 28 0 0 Findinns: 1 2 3 4 5 6 7 8 9 10 11 1. The project is consistent with the City's General Plan since the proposed density ( 16.9 du's/acre is within the density range of 15-23 du's/acre specified for the si1 as indicated on the Land Use Element of the General Plan, and is at or below tk growth control point of 19. 2. The site is physically suitable for the type and density of the development since th site is adequate in size and shape to accommodate residential development at th density proposed. 3. The Planning Commission has, by inclusion of an appropriate condition to th project, ensured building permits will not be issued for the project unless the Cit Engineer determines that sewer service is available, and building cannot occl Vvithh the project unless sewer service remains available, and the Plannin Commission is satisfied that the requirements of the Public Facilities Element of tk General Plan have been met insofar as they apply to sewer service for this projecl 4. The Encinitas and San Dieguito Union High School Districts have written a lette~ dated November 9, 1990 and November 30, 1990, stating that school facilities wi be available to this project. 12 13 14 16 7. The applicant has agreed and is required by the inclusion of an appropriatc I.5 conditions of approval. condition to pay a public facilities fee. Performance of that contract and paymen of the fee will enable this body to find that public facilities will be availablc 5. Park-in-lieu fees are required as a condition of approval. 6. All necessary public improvements have been provided or will be required a 17 8. The proposed project is consistent with the City's Planned Development Ordinanc 18 concurrent with need as required by the General Plan. 19 I1 and also complies with the Design Guidelines Manual. 20 9. The proposed project is compatible with the surrounding future land uses sinct General Plan. 21 surrounding properties are designated for residential high development on thc 22 23 24 25 10. This project will not cause any significant environmental impacts and a Negativc Declaration has been issued by the Planning Director on May 23, 1991, an( approved by the Planning Commission on September 18, 1991. In approving thi, Negative Declaration the Planning Commission has considered the initial study, thc staff analysis, all required mitigation measures and any written comments receive( regarding the signif;cant effects this project could have on the environment, 26 27 PC RES0 NO. 3292 -2- 28 I/ /I 0 0 1 2 3 4 5 11. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 12. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6. 6 9 8 1. All conditions of Resolution No. 3291 are applicable to this approval and 7 Planning Conditions: 10 11 12 incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of September, 1991 by the following vote, to wit: 13 14 15 16 17 18 19 20 21 AYES: Chairman Holmes, Commissioners: Schlehuber, Schramm, Savary Erwin, Noble & Hall. NOES: None. ABSENT: None. . - .. ."_. ABSTAIN: None. ?"- 4 ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST; 22 23 .. f {, p',! L c iy ' /P ,J~~~-~~~, ,:j- h!,! X /I\,\., T, ; p' /;f;! .j'.I.,' , .dl, 24 MICHAEL J. HOLZMIL~ER PLANNING DIRECTOR 25 26 27 28 PC RES0 NO. 3292 -3-