HomeMy WebLinkAbout1991-09-18; Planning Commission; Resolution 32941
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PLANNING COMMISSION RESOLUTION NO. 3294
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAEUSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN NO. 208 ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF LA
COSTA AVENUE AND LEVANTE STREET.
CASE NAME: LEVANTE STREET
CASE NO: SP 208
6 ll WHEREAS, a verified application has been filed with the City of Carlsbad anc
7 /1 referred to the Planning Commission; and
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9 - I1 WHEREAS, said verified application constitutes a request as provided by Titlc
lo I/ 21 of the Carlsbad Municipal Code; and
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planninr
12 Commission did, on the 18th day of September, 1991, consider said request on propert]
13 described as:
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La Costa Vale Unit #1, Lot 227, 228, 229, 230 and 231, in the City 0.
Carlsbad, County of San Diego, State of California, according to map thereo.
No. 7457 filed in the Office of the County Recorder of San Diego County
October 18, 1972.
WHEREAS, at said public hearing, upon hearing and considering all testimon;
18 11 and arguments, if any, of all persons desiring to be heard, said Commission considered al
I' I factors relating to SP 208.
2o i NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio~
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22 I1 of the City of Carlsbad as follows:
23 A) That the foregoing recitations are true and correct.
24 B) That based on the evidence presented at the public hearing, the Commissio~
recommends APPROVAL of SP 208 according to Exhibit 'Y' dated September 18 25 1991 , based on the following findings and subject to the following conditions:
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Findings:
1. The site is adequate in size and shape to accommodate residential development a1
the existing density.
2. The proposed Specific Plan implements the General Plan by providing developmen1
standards in accordance with General Plan residential guidelines designed tc
preserve the neighborhood and identity of existing residential areas.
3. The Planning Commission has, by inclusion of an appropriate condition to thi:
project, ensured building permits will not be issued for the project unless the CitJ
Engineer determines that sewer service is available, and building cannot occul
within the project unless sewer service remains available, and the Planniq
Commission is satisfied that the requirements of the Public Facilities Element of thf
General Plan have been met insofar as they apply to sewer service for this project
4. School fees will be paid to ensure the availability of school facilities in the Carlsbac
School District.
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:
conditions of approval.
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15 the City of Carlsbad.
7. Assurances have been given that adequate sewer for the project will be provided b!
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This project will not cause any significant environmental impacts and a Negativc
Declaration has been issued by the Planning Director on May 30, 1991 an(
recommended for Approval by the Planning Commission on September 18, 1991
In recommending approval of this Negative Declaration the Planning Commissior
has considered the initial study, the staff analysis, all required mitigation measure
and any written comments received regarding the significant effects this projec
could have on the environment.
All property owners in the Specific Plan area are by condition, required to pay y
increase in public facility fee, or new construction tax, or development fees, and ha
agreed to abide by any additional requirements established by a Local Facilitie
Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipz
Code. This will ensure continued availability of public facilities and will mitigat
any cumulative impacts created by the project.
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PC RES0 NO. 3294 -2-
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10. This project is consistent with the City's Growth Management Ordinance as it ha
1 been conditioned to comply with any requirement approved as part of the Loa
Facilities Management Plan for Zone 6.
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3 11. The proposed guidelines allow residents a reasonable use of their land whil
providing a consistent framework for development to ensure a quality livin
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12. The proposed Specific Plan is in compliance with the Growth Managema
Ordinance because all property owners have been conditioned to comply with th
requirements of the Local Facilities Management Plan (LFMP) for Zone 6. Th
existing subdivision was included in the Zone 6 LFMP as an existing conditio1
therefore the demand on public facilities has already been analyzed.
13. The proposed public improvements will adequately serve the subject site with a
necessary public facilities.
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Conditions:
1. Approval is granted for SP 208, as shown on Exhibit(s) 'A", dated May 24, 1991
incorporated by reference and on file in the Planning Department. Developmer
shall occur substantially as shown unless otherwise noted in these conditions.
2. This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the City Engine€
determines that sewer facilities are available at the time of application for SUC
sewer permits and will continue to be available until time of occupancy.
3. This project is also approved under the express condition that the applicant pay th public facilities fee adopted by the City Council on July 28, 1987 and as amende
from time to time, and any development fees established by the City Counc
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc
adopted to implement a growth management system or facilities and improvemer
plan. If the fees are not paid this application will not be consistent with the Gener;
Plan and approval for this project will be void.
21 4. AU property owners shall pay park-in-lieu fees to the City, prior to the approval (
22 building permits as required by Chapter 20.44 of the Carlsbad Municipal Code.
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5. All property owners shall provide school fees to mitigate conditions of overcrowdin
as part of building permit application. These fees shall be based on the fee schedul
in effect at the time of building permit application.
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6. Water shall be provided and the developer shall be required to construct whateve:
improvements are required by the Water District Master Plan and the Local Facilitie:
Management Plan for Zone 6.
7. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the Water District servinl
the development determines that adequate water and service is available at the timc
of application for water service and will continue to be available until time o
occupancy.
8. If any condition for construction of any public improvements or facilities, or thc
payment of any fees in lieu thereof, imposed by this approval or imposed by law 01
this project are challenged this approval shall be suspended as provided i~
Government Code Section 65913.5. If any such condition is determined to b(
invalid this approval shall be invalid unless the City Council determines that thl
project without the condition complies with all requirements of law.
9. Approval of this request shall not excuse compliance with all sections of the Zonin;
Ordinance and all other applicable City ordinances in effect at time of buildin;
permit issuance.
10. Prior to the issuance of the first building permit there shall be a notice of restrictio~
on real property placed on the deed to property subject to the satisfaction of thl
Planning Director notifying all interested parties and successors in interest that th~
City of Carlsbad has issued a Specific Plan by Reso1ut;on No. 3294 on the rea
property owned by the declarant. Said deed restriction shall note the propeq
description, location of the file containing complete project details and all condition
of approval as well as any conditions or restrictions specified for inclusion in thj
deed restriction. This approval shall not be effective and permits shall not be issuec
until this notice is recorded in the Office of the County Recorder.
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PC RES0 NO. 3294 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin;
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by the following vote, to wit: 2
Commission of the City of Carlsbad, California, held on the 18th day of September, 1991
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schram
Savary, Noble & Hall.
5 NOES: None.
6 ABSENT: None.
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ABSTAIN: Commissioner Erwin.
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CARLSBAD PLANNING COMMISSION
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ATTEST:
14 A?,!, *y &-; yj; f/'MJJf ,/a, 3 i. 1 $"+4,,SdJ -*iiG4 l5 MICHAEL J.XILZM~LER
16 I1 PLANNING DIRECTOR
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Exhibit '5
Dated September 18, 199
2 /I ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN 208
GENERALLY LOCATED ON THE NORTHWEST CORNEROF LA
COSTA AVENUE AND LEVANTE STREET.
CASE NAME: LEVANTE STREET
CASE NO: SP'208
ESTABLISHING DEVELOPMENT STANDARDS ON PROPERTY
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and considered a Specific Plan for future development of the site; and 9
WHEREAS, the City Council of the City of Carlsbad, California, has reviewe
10 WHEREAS, after procedures in accordance with the requirements of law, th
'I 11 City Council has determined that the public interest indicates that said plan be approvec
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13 Il WHEREAS, the findings of the Planning Commission contained in Resolutio
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NOW, therefore the City Council of the City of Carlsbad, California, doc 16
the City Council. . 15
No. 3294, incorporated herein by reference shall constitute the findings and conditions (
l7 11 ordain as follows:
18 SECTION 1: The Levante Street Specific Plan 208 dated May 24, 1991, o
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file with the Planning Department and incorporated by reference herein, is approved. Th 20
21 Specific Plan shall provide the development standards and guidelines for this property an
22 all development of the property shall conform to the plan.
23 EFFECTIVE DATE: This ordinance shall be effective thirty days after it
24 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it t'
25 be published at least once in the Carlsbad Journal within fifteen days after its adoption
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Cit 27
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Cit
Council held on the day of 1991, and thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cow
of the City of Carlsbad, California, on the - day of , 1991, by the followir
vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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