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HomeMy WebLinkAboutV 307; MUSIL-HUGHES INV; Variance (V)?* ) Receipt No. Condition #3 Page 3 of Planning Commission Resolution #1606 APPLICATION NO, VARIANCE CITY OF CARLSBAD (Please Type or Print) Date: - 1. REQUEST: Variance to Delete the requirement for .a 6,b]-.Ock wall (5iefly explain and indicate section of Zone along the south property line per Condition #3 on paq_1of Ordinance affected) Planning Commission Resolution #1606. / 2. LOCATION: The subject property is generally located on the East side of El Camino Real _kRUHTN South of Hosp Way and 30 ASSESSOR'S NUMBER: Book Page Parcel Book Page Parcel (If more, please list on bottom of this page). 4. OWNER(S): Name Address City Zip Phone Hughes Investments #2 Corporate Plaza, Newport Beach, 9266QJ14/759-9531 Suite #250 5. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: Name Address Ciy Zi.R_ Phone Musil Perkowitz Ruth, Inc. .3703 Long Beach Blvd-,Long BeJi..aQ.afl2_ Suite D-1 213/595-5577 6. APPLICANT'S SIGNATURE: I hereby declare that all information contained within this application is true; and that all standard conditions, as indicated on the attachment have been read, understood and agreed to. Name Address City Zip Phone 90807 M. Lawrence Musil 3703 Long Beach Blvd.,Ste D-1, Long Beach 213/595-5577 Representing (Company or Corporation) Musil Perkowitz Ruth, Inc. Relationship to Property Owner(s) Site Planner The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal.. This request is not a requirement; however, it may avoid major redrafting or re- vision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning 23 Standard Conditions - Planning 27 Preparation Check List - Planning 32 Procedures - Planning 36 Date of Planning Commission Approval - FORM: Planning S 6/11/79 ZI SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage; if less than acre)2.39 Acres (104,000 sq.ft 2) ZoneR - P (Residential-Professional) 3) General Plan Land Use Designation R-P 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully an explain how the proposed project meets each of these facts. Use.additional sheets if necessary. a) Explain why there are exceptional or extraordinary circum- stances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone.: The south property line happens to lie approximately half way up a grade of approximately 2:1 point would serve no purpose i.e. visibility from the adjacent property would obviously be unimpaired. In fact building the wall would create a tnaintenand'è' problem and a difficult problem for the adjacent property owner should he need to grade his site (which is higher than ours). - b) Explain why such variance is necessary for the preservatioñ and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question:The adjacent property owner should be required to place the 6' wall at the top of the slope to preserve the intent of the ' condition which is, as I understand it, to provide a screening effect between the two properties which are of different zones. c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zoneinwhich the property is located: It's my opinion that not building the 6' wall at the property line will have no detrimental effect and will in fact be a wise decision. - d) Explain why the granting of such variance Will not adversely affect the comprehensive general plan: It has no effect on the general plan. ' / / FORM 'larinij9 23 Date of Planning Commission Approval_ __' I I If after the information you have submitted has been reviewed, it is determined -. that furLher information is required, you will be so advised. APPLICANT: Hughe§ Investments-A California General Partnership Name (individual, partnership, joint venture, corporation, syndication) #2 Corporate Plaza, Suite #250, Newport Beach, CA 92660 Business Address /7 714/759-9531 Telephone Number - AGENT: M. Lawrence Musil do Musil Perkowitz Ruth, Inc. Name 3703 Long Beach Boulevard, Suite D-1, Long Beach CA 90807 Business Address -. 213/595-5577 Telephone Number MEMBERS: William W. Hughes Jr. Name (individual, partner, joint Home Address venture, corporation, syndication) #2 Corporate Plaza, Suite #250, Newport Beach, CA 92660 Business Address 714/759-9531 Telephone Number Telephone Number Thomas H. Purcell Name Home Address #2 Corporate Plaza, Suite #250, Newport Beach, CA 92660 Business Address 714/759 -9531 Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. 070 - * Applicant Hughes Investments Willi m W. Hu hes, Jr. (General Partner) BY Agent, Owne , Partner Musil.Perkowitz Ruth, Inc. M. Lawrence Musil 4 p. / SHORT FORM OF GROUND LEASE THIS SHORT FORM OF GROUND LEASE is made this day of September, 1979, by and between OTIS E. VA,NDERBURG and CHRISTINE VANDERBt'RG, herein- after called "Landlord", and HUGHES INVESTMENTS, a California general partnership, hereinafter called "Tenant". WITNESSETH: IN CONSIDERATION of the rents herein reserved and the covenants and agreements herein contained on the part of Landlord and Tenant to be kept,. observed and performed, the Lessor has demised and leased, and by these presents does demise and lease unto the Tenant, and the Tenant has hired and taken, and by these presents does hire and take from the Landlord the real property, situate, lying and being in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit A hereto, which said exhibit is hereby incorporated herein by reference, for the term hereinafter set forth. I The term of this Lease shall commence ujon the date of recordation of this Short Form of Lease, and shall terminate October 20, 2072, thereafter, subject to earlier termination as provided in that Ground Lease of even date. II Tenant has the Right of First Refusal to purchase Landlord's interest in the demised premises, on the terms set forth in that Lease of even date referred to herein. III Tenant shall have at any time during the term hereof he right (1) to make applications for such zoning, architectural, plot plan, parcel map, subdivision or other approvals, and (2) to make such perpetual grants of easements or dedications as either (1) or (2) may be required by any applicable governmental agency or utility company or as may be desired by Tenant (provided, however, any expenses in connection therewith shall. be paid by Tenant). INITI'\ lItRE round 1 ease arlsbad 2 WH/sjh 113/79 3 4 5 6 '1 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 29 30 31 32 Iv This Lease is subject to the terms, covenants, conditions and provision of that certain unrecorded Ground Lease between the parties hereto of even date. LANDLORD By: /e - Otis E. Vanderburg By: cL Christine Vanderburg TENANT HUGHES INVESTMENTS, - a California general partnership By: William W. Hughes, Jr., General Partner EXHIBIT A Parcel 2 of Parcel Map recorded March 30, 1979 as Parcel Nap 8586 in the Office of the County Recorder of San Diego County, Ca1ifornia STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this / 7 day of _____ 4.Ld'1979, ore me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM W. HUGHES, JR., known to me to be one of the partners of HUGHES INVESTMENTS, California General Partnership, that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. (NOTARIAL SEAL) Notary Public in and' for said State OFFICIAL SEAL ' SHARON B. MADSEN 4 (:r 1r4 NOTARY PIJBUC CALIORNLA ORANGE COUNTY 28. 1981 '--p My Commission Expires: H w STATE OF CALIFORNIA ) ss. : COUNTY OF SAN DIEGO ) • I - - On this day of , 1979, before me, the undersigned, a Notary Public in and for said State, personally appeared OTIS E. VANDERBURG and CHRISTINE VANDERBIJRG, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. - - (NOTARIAL SEAL) Notary Public in and for said State. ­ FFT 1 7D 715 Third St., P.O. Box 2C7, CcQjd, CA 92054 My Commission Expires: - - •- ________ I- ---"'---" -. .1 I The Highland Company c/o W. F. Strong 3105 Avenida de Anita Carlsbad, CA 92008 Larwin-Southern Calif. ,1n 16255 Ventura Blvd. Encino CA 91436 Otis E. & Christine Vanderb urç c/o Waken & Co. 747 E. Green St., Ste.100 Paaaena, CA 91101 Helix Associates P.O. Box 985 El Cajon CA 92022 ,.. : • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, May 28, 1980, to consider approval of a variance to eliminate the requirement for a 6 block wall along the southerly property line on property generally located on the southwest corner of El Camino Real and Hosp Way and more particularly described as: Parcel 4 of Parcel Map No. 4838 - a portion of lots 4 and 5 of Fractional Section 32, Townnship 11 South, Range 4 west, San Bernardino meridian, in the City of Carlsbad, Recorded June 18, 1976. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. APPLICANT: Hughes Investments CASE NO: V-307 PUBLISH: May 17, 1980 CITY OF CARLSBAD PLANNING COMMISSION $UJET Pee P5R T/ Al Al Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the NOTICE OF PUBLIC notice hereinafter referred to; and that the notice HEARING . of which the annexed is a printed copy, has been NOTICE IS HEREBY.GIVPN th4ithe. ~*lannijhg Commission of 'the'Oty, of published in each regular and entire issue of said darlsbdwill hold publi'chethlng,at newspaper and not in any supplement thereof on the City Coancil Chambers, 1200. Elm Avenue,'Carlsbad, Califonia,at'7:O0 the following dates, to-wit: P.M. on Wednesday, May 00, isnu, to consider approval of a variance to eli- minate the r*quiiMrnent'for a, 6' block wall along the southerlypropertyline oi'p'operty generally located on th,e 80 May 17 1 9 . southwest corner ok El tamino. Rpal and Hosp Way and mol5e particuiai'ly described as: Parcel 4, bf PdrceCr4ap-No. 483 - a portion o-lots4 and S ofFractionalSec- 1 9 tion 32, Township 11 South, Range 4 .................................. west, San-Bernardino meridian, in the City of Carlsbad, ltecötkled Ju9e 18. 1976. - Those persons wihing to 'spe,k on this prbp6shl 'are 'cordially invited to .......................1 9 attend the public hearing. If youliave any questions please call the Planning l Department at438-551. Applicant: HUGHES INVESTME1PS Case-No: V-307 - cITY OF-cARLSBAD PLANNI1G'COMMlSS1ON CJ 8805: May -1'7 1980'; . ..............19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, Coufly of San Diego, State of California on the 1 uch day of May 1980 2M/5-79 I Clerk of the Printer IF h pz- 'titp ;:g 0 ) 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 V • . DATE:• _______ •., • TO: M.t '31E73 Lot bewn ff-4--V2 L/IT P/ (Applicant) SUBJECT: NOTICE OF JNCOMPLETE APPLICATION, CASE NO: 0 We have reviewed your application and have determined that it is not complete. Before processing your application, we need • the following information: • p- laAPfl;5 14AP_k • S2 1 A , P4'i 40J1D i& /&..J TZ s,J tifli,'I f. If this information is received by t'tk'-/2i , this item • • • (D4e) will be placed on the JJLJJ Planning Commission I (Date) •Agenda. If OU have any questions, please call me. at -9idSl1 43Y-Sr / Sincerely, • • __ __ _•••. PNNIN9/DEPARTMLN'i' KJL/ar • • 4/4/79 • S • •'••• • •*-, ., 40 MusIL PERKOWITZ RUTH, INC. PLANNING • DESIGN • ENGINEERING Simon Perkowitz, President M. Lawrence MusH, Vice President Steven J. Ruth, Director of Production File No. 79-144 April 8, 1980 RECEIVED City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, California 92008 ATTENTION: Mr. James Hagaman, Planning Director 1PSU138O CITY OF CARLSBAD Planning Department RE: PLAZA SOUTH OFFICES SOUTHEAST CORNER OF EL CAMINO REAL & HOSP WAY CARLSBAD, CALIFORNIA Dear Mr. Hagaman: As a follow-up to the Planning Commission Hearing on February 27, 1980 pertaining to the above mentioned project, I hereby submit the necessary information for a variance. This variance is to eliminate the requirement for the 6' block wall along the south property line per condition #3 on page 3 of Planning Commission Resolution #1606. Therefore, enclosed please find 13 folded 24" X 36" prints of the site plan. I have also enclosed 1 copy of the completed variance form which includes: 1) Standard Condition list. virl"I'd VW 2) Photostatic copy of Ground Lease. Recei 3) 13 prints of the proposed grading plan. 4) $50.00 fee for the Variance processing. 5) Disclosure Statement. V Please note that we have previously provided yo1 -with the fol- lowing information to obtain the Conditional Use Permit #175. 1) Environmental Impact Assessment form which was granted a Negative Declaration. 3703 Long Beach Boulevard, Suite D-1 . Long Beach, California 90807 . (213) 595-5577 April 8, 1980 Mr. James Hagaman Page Two 2) 300' radius map. 3) Property Owners and Occupants list. 4) A written statement that adequate sewer capacity is available for the project. If you are in need of any additional information please let me know. I look forward to a favorable response to this variance submittal at the soonest Planning Commission Hearing. Sincerely, M. Lawrence Musil Vice-President MLM:dlp Enclosure's cc: Thomas Purcell . . STAFF REPORT —10 DATE: TO: FROM: May 28, 1980 Planning Commission Mike Howes, Assistant Planner FILE COPY SUBJECT: V-307, MUSIL-HUGHES INVESTMENTS - Request to delete the requirement for a 6' high block wall on property located on the southeast corner of El Camino Real and Hosp Way in the RP-Q Zone. I. Project Description and Background The applicant requests a variance to delete the require- ment for a 6' high masonry wall along the southerly edge of the site as shown on Exhibit "A". On March 12, 1980, a site development plan and conditional use permit for the subject property was approved by the Planning Commission (Resolution No. 1606 & 1607). Condition No. 3 of Resolution No. 1606 stated: A 6' high stuccoed block wall with a tile cap to match the building shall be placed along the south property line. The fence shall be no higher than 42" in the front yard. Although the subject property is zoned R-P-Q, the property immediately to the south is zoned R-1-10,000, single family residential. The zoning ordinance development standards for the RP zone require that a 6' high solid masonry wall be installed along the common lot line between property zoned R-P and residential property. The applicant now requests a variance to delete this requirement. II. Analysis Planning Issues 1. Can the four mandatory requirements of a variance be found in this case? a. Are there exceptional or extraordinary circumstances applicable to the property that do not apply to other property in the vicinity? b. Do other properties in the vicinity share a similar right which is denied to this property? . I c. Will this variance adversely affect the comprehensive general plan? d. Will this variance be detrimental to the property in the vicinity? The subject property is approximately 2.39 acres in size and vacant at the present time. On March 12, 1980, a site development plan SDP 77-2(B) was approved by Planning Commission Resolution No. 1606. The approved site plan showed two offices and a drive-thru bank would be located on the subject site. Most of the site is level, however there are slopes along the southeasterly and southerly portions of the lot. The land to the east, west and south of the subject site is zoned for residential purposes. The property to the west is separated from the proposed commercial development by El Camino Real, while the residential property to the east is located on top of a slope approximately 50' above the level of the subject site. The southerly property line of the proposed commercial development is located halfway up a 15' high 2:1 slope. If a 6' high wall was constructed at this location it would not serve to screen the commercial property from the adjacent residental property. In fact the top of the fence would not even be visible from the adjacent residential property to the south. Therefore, staff can find that the sites topography constitutes extra- ordinary circumstances relating to this property. The deletion of the requirement for a 6' high fence along the southerly property line will not adversely affect the comprehensive general plan and will not be detrimental to the public welfare or injurious to property in the vicinity of the subject site, for reasons previously mentioned in this report. The second required finding for the granting of a variance is not applicable to this particular request. In summary staff finds sufficient facts to make the four mandatory findings for approval of a a variance. III. Recommendation It is recommended that the Planning Commission adopt Resolution No. 1641, APPROVING V-307, based on the findings contained therein. - Attachments Location Map Background Data Sheet Disclosure Form PC Resolution No. 1641 Exhibit "A" dated May 28, 1980 NH: ar -2- 5/22/80 S BACKGROUND DATA SHEET CASE NO: V-307 APPLICANT: MUSIL-IIUGHES INVESTMENTS REQUEST AND LOCATION.. Variance to allow the deletion of the requirement for a 6' high block wall on property located on the southeast corner of El Camino Real and Rosp Way. LEGAL DESCRIPTION: Parcel 4 of Parcel Map 4838 - a portion of lots 4 & 5 of Fractional Section 32, Township 11 South, Range 4 west, San Bernardino Merridian, in the City of Carlsbad recorded June 18, 1976. Assessors Parcel Number: 167 - 030 - 45 Acres 2.38. No. of Lots 1 General Plan Land Use Designation Density Allowed - Density Proposed Existing Zone R-P-Q Proposed Zone R-P-Q Surrounding Zoning and Land Use: Zoning . Land Use North R-P-Q Corrinercial South R-l-lO Vacant East Vacant West P-C Vacant PUBLIC FACILITIES School District City of Carlsbad Water District City of Carlsbad 15 edu's allocated for Sewer District City of Carlsbad SDP 77-2 (d) Public Facilities Fee Agreement, dated August 29, 1979 (Other: as part of the approval for -175. EVIRON1Y1ENT2JL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, Exenpt according to Section 19.04.080 . . N '1 V3O7 LGCm/FON m4f PLANNING COMMISSION RESOLUTION NO. 1641 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO DELETE THE REQUIREMENT FOR A 6' HIGH BLOCK WALL ALONG THE SOUTHERLY PROPERTY LINE OF PROPERTY GENERALLY LOCATED ON THE SOUTH- EAST CORNER OF EL CAMINO REAL AND HOSP WAY IN THE R-P-Q ZONE. APPLICANT: MUSIL-HUGHES INVESTMENT CASE NO: V-307 WHEREAS, a verified application for certain property, to wit: Parcel 4 of Parcel Map No. 4838 - a portion of lots 4 and 5 of Fractional Section 32, Township 11 South, Range 4 west, San Bernardino Meridian, in the City of Carlsbad recorded June 18, 1976 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 Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of May, 1980, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to V-307. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of V-307, based on the following findings and subject to the following conditions: Findings 1) There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property in the same vicinity and zone as noted in the analysis section of the staff report. I 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 [IJ . -4 1 2 3 4 5 6 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28 2) That this variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. 3) That the granting of such variance will not be materially detrimental to the public welfare and injurious to the property or improvements in such vicinity and zone in which the property is located, as indicated in the analysis section of the staff report. 4) That the granting of such variance will not adversely affect the comprehensive general plan, as indicated in the analysis section of the staff report. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 28th day of May, 1980, by the following vote, to wit: AYES: Schick, Larson, Friestedt, Marcus, Leeds, Ronthotis NOES: None ABSENT: None ABSTAIN: Jose 1L)WL1N S. sutucic, J.&. enairman CARLSBAD PLANNING COMMISSION ATTEST: I_I • S&LflLal.7&. t ,#)...4_ J SBAD PLANNING .&OMMISSION PC RESO #1641 -2-- MW S PLANNING COMMISSION RESOLUTION NO. 1606 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING • SITE DEVELOPMENT PLAN NO. 77-2 (B), TO AMEND • SITE DEVELOPMENT PLAN FOR 2 OFFICES AND A BANK ON THE SOUTHEAST CORNER OF HOSP WAY AND EL CAMINO REAL. APPLICANT: HUGHES INVESTMENTS CASE NO: SDP-77-2(B) WHEREAS, a verified application has been filed with the 1 2 I-. 4 6. 7 City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission approved Site Development Plan 77-2 with Resolution No. 1359, dated April 27, 1977; and WHEREAS, pursuant to the provisions of the Municipal Code, 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Planning Commission did, on the.27th day of February, 1980, considered a modification to approved Site Development Plan 77-2, on property described as: Parcel 2 of Parcel Map 8586 recorded in the Office of the County Recorder of San Diego County, California, on March 30, 1979. WHEREAS, the City of Carlsbad has determined that SDP 77-2(B) will not have a significant impact on the environment in that a Negative Declaration for SDP 77-2 has been filed as in full compliance with the City of Carlsbad's Environmental Protection Ordinance of 1972; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to Site Development Plan No. 77-2(B). ///// i) 9 10 11 12 13 14 2) 15 16 17 18 19 20 3) 21 22. 23 24 25 26 27 28 •1' .11 J NOW, Ti-IEREFORE, BE IT HEREBY RESOLVED by the Planning ji .,sion of the City of Carlsbad as follows: That the foregoing recitations -are true and correct. 4 That based on the evidence presented at the public hearing the Commission finds the following findins and conditions to exist: jfrdinqs: The proposed project is consistent with the land use designation of Professional and Related Commercial since the proposed uses will be professional offices and a bank. This project is consistent with the Public Facilities Element because: a) 15 edu' were provided, through the second phase sewer allocation. b) All necessary on-site and adjacent public improvements will be required as conditions of approval. C) The applicant has proposed and is required by the inclusion of an approprite condition, to pay a public facilities fee. Payment of this fee will ensure that public facilities will be available concurrent with need as required by the general plan. d) 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 fnd that public facilities will be available concurrent with need as required by the general plan. The proposed project is compatiblewith surrounding developments, both existing and proposed because: a) Adequate yards and landscaping have been provided. b) The property is separated from R property to the east by a steep slope and from R property to the south by a solid masonry wall. Conditions 1) Approval is granted for SDP 77-2(B) as shown on Planning Commission Exhibits A & 13 dated 2/11/80, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. -2- . ef. 2) A reproducible mylar of the site development plan in- corporating all changes in the conditions shall be submitted to and approved by the Planning Director prior to issuance Q hgermits. - -: 3)1 A six foot stuccoed block wall with a tile cap to match the buildings shall be placed along the south property line. The fence shall be no higher than 42 inches in the front yard. 4) 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 appli- cation for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. A complete landscape and irrigation plan shall be submitted to and approved by the Planning Director prior to issuance of building permits. 6) Prior to final occupancy, the applicant shall make all areas of no parking for fire access as required by the Fire Department. 7) The applicant or his agent shall review and approve all tenant improvement drawings prior to submittal to the City for building permit. 8) All signs on the property shall conform to the Sign Ordinance, Chapter 21.42. The monument sign shown on Exhibit A is specifically not approved. 9) All trash enclosures shall be constructed with six foot high stucco walls with wood gates. 10) This approval is expressly conditioned on the payment by the applicant for a public facilities fee as required by City Council Policy No, 17, dated August 29, 1979, 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 ,1/4/80_ , 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 the project cannot, proceed and this approval shall be void. - 1 3 4 5 71 8 9 10 11 12 13 1. 15 16 17 18 19 20 21 ' 22 23 24 25 26 27 28 f piSSED, APPROVED AND ADOPTED at a regular meeting of the ,j a nning Commission of the City of Carlsbad, California, held fl the 12th day ofMarch, 1980, by.the following vote, to wit: AYES: Schick, Marcus, Leeds, Larson 4 NOES: None f 6 ABSTAIN: Jose 6 7 ABSENT: Friestedt, Rombotis 8 9 - .•10 11 12 - 13 - 14 .15 :1 •16 - 17 18 20 21 J1N S. SCHICK, Chairman CARLSBAD PLANNING CtMISSION 23 ATTEST: :: J1MES C. IIACM'tjN, So,cretary RLSBAD PLANNING.COMMISSION 25 // 23 -4-