HomeMy WebLinkAbout1992-05-20; Planning Commission; Resolution 3386* I( 0 0
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PLANNING COMMISSION RESOLUTION NO. 3386
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 16
DWELLING UNIT CONDOMINIUM ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF LEVANTE
STREET BETWEEN LA COSTA AVENUE AND MORADA
STREET.
CASE NAME: LEVANTE STREET TOWNHOMES
CASE NO: CP 91-8
WHEREAS, a verified application for certain property to wit:
Lots 230 and 231 of La Costa Vale Unit No. 1 according to
recorded map No. 7457 in the City of Carlsbad, California,
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Tit1
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of May, 199;
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimon
and arguments, if any, of all persons desiring to be heard, said Commission considered a
factors relating to the Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissio
APPROVES CP 91-8, based on the following findings and subject to the followin
conditions:
Findinns:
1. The project is consistent with the City‘s General Plan since the proposed density (
10.6 du’s/acre is within the density range of RMH du’s/acre specified for the site 2
indicated on the Land Use Element of the General Plan, and is at or below tE
growth control point of 11.5.
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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 residential development at the
density proposed, and the project does not create a disharmonious or disruptive
element to the neighborhood.
3. The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will 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.
4. School fees will be paid to ensure the availability of school facilities in the San
Dieguito High School, Encinitas Unified School Districts.
5. All necessary public improvements have been provided or will be required as
conditions of approval.
6. The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that 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.
7. The proposed project is consistent with the City's Planned Development Ordinance
and also complies with the Design Guidelines Manual.
8. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General
Plan.
9. 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 20, 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 sigmficant effects this project could have on the environment.
10. 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.
11. 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.
PC RES0 NO. 3386 -2-
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12. The granting of this permit will not adversely affect and will be consistent with
1 Chapter 21.45, Specific Plan 208, and all adopted plans of the city and other
governmental agencies.
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3 13. The project is necessary and desirable to provide a range of housing which will
contribute to the long-term general well being of the neighborhood and the
4 community.
5 14. The project will not be detrimental to the health, safety or general welfare of
in the vicinity. 6 persons residing or working in the vicinity, or injurious to property or improvements
7 15. The project is designed to be sensitive to and blend in with the topography of the
8 site. The site is relatively level and adequate slope setbacks are provided.
9 16. There are no significant natural resources on the site, therefore no impacts will
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17. The project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project.
13 I! conditiom:
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15 reference.
1. All conditions of approval of CT 91-10 as contained in Planning Commission
Resolution No. 3385 are applicable to this approval and incorporated through this
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28// ..- // PC RES0 NO. 3386
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir
Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, by tl
following vote, to wit:
AYES : Vice-Chairperson Noble, Commissioners: Schlehuber, Schram
Welshons, Savary & Hall.
NOES: None.
ABSENT: None.
8 II ABSTAIN: Chairman Erwin.
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ATTEST:
I* /i/U!/ r;
15 ” MICHAEL J. I~JLZMIK~LER
16 PLANNING DIRECTOR II 17
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PC RES0 NO. 3386 -4-