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HomeMy WebLinkAbout1977-07-13; Planning Commission; Resolution 1382c . _I , " ll a m 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 1382 RESOLUTION OF THE PLANNING COMMISSION OF ING A MINOR SUBDIVISION WITH TWO LOTS (ONE OF THEM BEING A PANHANDLE LOT) ON PROPERTY LOCATED ON THE SOUTH SIDE OF MAGNOLIA AVENUE BETWEEN ADAMS STREET AND HIGHLAND DRIVE. APPLICANT: MR. AND MRS. SAM GENDUSA THE CITY OF CARLSBAD, CALIFORNIA, APPROV- CASE NO.: MS-303 8 9 wit: WHEREAS, a verified application for a certain property, t LO 'I 12 has been filed with the City of Carlsbad and referred to the (see attached Exhibit A) Planning Commission pursuant to Title 21, Section 21.10.080 fc l3 // a pan hand1 e 1 ot. 14(( WHEREAS, said verified application constitutes a request 1511 provided by Title 21 of the "Carlsbad Municipal Code"; and l6 II WHEREAS, a hearing was held by the Planning Commission 01 ''11 July 13, 1977 and l8 ll WHEREAS, at said hearing, upon hearing and considering tl l911 testimony and arguments, if any, of all persons who desired tc 20/1 heard, said Commission considered all factors relating to the "11 panhandle lot and found the following facts and reasons to ex' 22 23 1) The property cannot be served adequately with a pub1 ic st' without panhandle lots due to unfavorable conditions resu' 24 from unusual topography, surrounding land development, or configuration because: 25 26 27 28 a) The subject lot contains the square footage to providl two lots under current zoning requirements, however, lot does not contain the necessary lot frontage to pr, vide 60 feet of frontage for both lots. b) The subject property is too close to an intersection safely provide a street opening to the rear. y, - /I v v .. ~ -, 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 2) Subdivision with panhandle lots will not preclude or ad- versely affect the ability to provide full public street access to other properties within the same block of the subject property because: a) Opening of the block to allow development of the remaining vacant interior land would best be accompli5 from a more central location such as from Adams Street 3) Development standards for panhandle lots under Section 21. 080 (d) are met because: a) The panhandle lot exceeds the 8000 square foot minimun which can be permitted by the planning commission in 1 R-1-7500 zone provided the following requirements are b) The narrowest portion of the subject lot is greater tl the minimum width required. c) The location of the proposed residence, as shown on tl submitted plot plan conforms to the yard requirements interior lots in R-1-7500 zones. d) The panhandle portion of the subject lot does not excc 150 feet in length and is not less than 20 feet in wil e) A condition of approval requires driveway improvement f) A condition of approval will insure provision of adeq drainage. g) A condition of approval requires provisions of off-st parking. h) A condition of approval will insure that structures i the access portion of the subject lot shall be limite mail boxes, fences, trash enclosures, landscape conta and name plates. Except for mail boxes, these struct shall not be greater than forty-two inches in height located within twenty feet of the street property lin greater than six feet in height beyond this point. i) A condition of approval will insure that the property owner shall agree to hold the City or any other publi service agency harmless from liability for any damage the driveway when being used to'perform a public serv 4) The proposed map is consistent with the General Plan beca a) The Land Use Plan Map designates the subject site for Medium Density Residential (0-4 dwelling un,its per ac The subject-project, with the conditioned removal or relocation of the "guest" house, will provide approxi mately 4.4 dwelling units per acre under the provisio allowing a 25% increase in density under certain circ stances. .. *, ll w w 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 I 5) The subject application has complied with the requirement the Carlsbad Environmental Protection Ordinance of 1972 b a) Parcel splits in R-1 zones in developed areas are cat gorically exempted by Section 19.04.090 c.4. (iii). 6) The proposed map is consistent with applicable City Publi Faci 1 i ti es Pol i ci es and Ordinances because: a) The Planning Commission finds that sewer service is n available for this development as of the date of this approval. However, sewer service may be available in future. The Planning Commission will by inlcusion of appropriate condition to this Tentative Subsivision M approval, insure that the final map will not be appro unless the City Council finds that sewer service is available to serve the project. In addition, the Pla Commission will add a condition that a note be placed the final map provided that building permits may not for lots in the subdivision unless the City Engineer termines that sewer service is available. Since the map cannot be approved unless sewer service is availa and building cannot occur within the subdivision unle sewer service remains available, the Plannning Commis is satisfied that the requirements of the public faci element of the General Plan have been met insofar as apply to this Tentative Subdivision Map approval. b) All other necessary public facilities, including scho are available to serve the subject project as propose NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That a Minor Subdivision with two lots (one of them bein5 panhandle lot on property located on the south side of Magnolia Avenue between Highland Drive and Adams Street t approved subject to the following condition: 1) Applicant shall conform to the requirements of the City i processing a minor subdivision to create the panhandle IC PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on July 13, 1977 b3 xxx xxx 1 xxx .- *, * ., . w 1 2 3 4 5 6 7 8 9 10 11 the following vote, to wit: AYES: Commissioners' Larson, Rornbotis, L'Heureux, Watsc NOES: None ABSENT: None ABSTAIN: None Fi kes, Jose, Woodward. &A* E C LARSON, CHAIRMAN 1 1 ~ ATTEST: I 16 17 18 19 I 20 21 22 23 24 25 26 27 28 . * 0. c ., 0 e EXHIBIT "A" Page 1 of 1 That portion of Tract 241 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, accord- ing to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows: Beginning at the concrete monument at the intersection of Adams Street with the center line of Magnolia Avenue, as shown on said Map No. 1681; thence North 61 21' East along said center line of Magnolia Avenue 156.62 feet to the true point of beginning; thence North 61 21' East along said center line oE Magnolia Avenue 81.0 feet; thence South 28 35'10" East parallel with said center line of Adams Street 274.98 feet; thence South 61 21' West parallel with said center line of Magnolia Avenue 81.0 feet; thence North 28 35'10" West parallel to the said center line of Adams Street 274.98 feet to the true point of beginning.