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HomeMy WebLinkAbout1992-05-06; Planning Commission; Resolution 3383.f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTTON NO. 3383 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDOMINIUM PERMIT FOR A SINGLE LOT 16 UNIT TOWNHOME CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED SOUTH OF GIBRALTAR STREET AT THE INTERSECTION OF JEREZ COURT. CASE NAME: LA COSTA FAIRWAY VILLAS CASE NO: CP 91-3 WHEREAS, a verified application for certain property to wit: Parcel A: Lots 399 and 400 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, March 10, 1970. Parcel B: Lot 401 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, March 10, 1970, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided bl Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 6th day of May, 1992, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony anc arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CP 91-3, based on the following findings and subject to the following conditions: .... .. I/ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findins: 1. The project is consistent with the City's General Plan since the proposed densit of 18.75 du's/acre is within the density range of 15-24 du's/acre specified for th' site as indicated on the Land Use Element of the General Plan, and is at or belot the 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 thi: project, ensured building permits will not be issued for the project unless the Cit] Engineer determines that sewer service is available, and building cannot occu within the project unless sewer servfce remains available, and the Planninj Commission is satisfied that the requirements of the Public Facilities Element o the General Plan have been met insofar as they apply to sewer service for thi project. 4. School fees will be paid to ensure the availability of school facilities in thc Encinitas Union School District and San Dieguito Union High 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. 7. The applicant has agreed and is required by the inclusion of an appropriatr condition to pay a public facilities fee. Performance of that contract and paymenl concurrent with need as required by the General Plan. of the fee will enable this body to find that public facilities will be availabk 8. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. 9. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for higher density multi-family developmenl on the General Plan. 10. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on April 9, 1992 and approved by the Planning Commission on May 6, 1992. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. ... PC RES0 NO. 3383 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. The proposed use at the particular location is necessary and desirable to provid a service or facility which will contribute to the long-term general well-being c the neighborhood and the community. 12. Such use will not be detrimental to the health, safety or general welfare of persor residing or working in the vicinity, or injurious to property or improvements in th vicinity. 13. The proposed project is designed to be sensitive to and blend in with the MW topography of the site. 14. The proposed project's circulation system is designed to be efficient and we] integrated with the project and does not dominate the project. 15. 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 an additional requirements established by a Local Facilities Management Plal prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wil ensure continued availability of public facilities and will mitigate any cumulativl impacts created by the project. 16. This project is consistent with the City's Growth Management Ordinance as it ha been conditioned to comply with any requirement approved as part of the Loca Facilities Management Plan for Zone 6. Conditions: 1. Approval of CP 91-3 is subject to the approval of CT 91-5. 2. All conditions applicable to CT 91-5, Planning Commission Resolution No. 3381 are incorporated herein by this reference. ... ... ... ... ... ... ... ... PC RES0 NO. 3383 -3- .- w 0 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 6th day of May, 1992, by t following vote, to wit: AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm, Noble, Welshons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. .%L = TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 1 ATTEST: ~ PLANNING DIRECTOR PC RES0 NO. 3383 -4-