HomeMy WebLinkAbout1980-02-13; Planning Commission; Resolution 1582c .. -
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PLANNING COMMISSION RESOLUTION NO. 1582
A R.l3SOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM
20 FEET TO 10 FEET ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF TUTTLE AVENUE, ADJACENT TO THE SOUTH AND WEST OF 1-5.
CASE NO: v-23 8
APPLICANT: Sohol
WHEREAS, a verified application for certain property, t
wit:
Lots 4, 5 and a portion of lots 6 and 7, Block 12,
Map 1719 as filed in the Office of the County
Recorder of San Diego County, March 28, 1921
has been filed with the City of Carlsbad and referred to .the
Planning Commission; and
WHEREAS, said verified application constitutes a reques
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12th day of
December, 1979, hold a duly noticed public hearing as prescr
by law to consider said request; and
WHEREAS, the City of Carlsbad has determined V-298 to
be consistent with the City of Carlsbad's Environmental Prot
Ordinance because it is categorically exempt from review acc
to Section 19.04.090 (c) (4) which exempts minor side yard and
setback variances not resulting in the creation of any new F
or in any change in land use or density; and
WHEREAS, at said public hearing, upon hearing and consi
the testimony and arguments, if any, of all persons who desi
to be heard, said Commission considered all factors relating
the Variance (V-298) and found the following facts and reasc
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Findings 2
to exist:
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1) There are extraordinary conditions applicable to the property that do not apply generally to the other prope in the same vicinity and zone since:
a) The development of 1-5 reduced the size of the
property and resulted in the property's unique
triangular shape;
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radically affected by the freeway. a
b) The majority of the other parcels in the immediate area are relatively regular in shape and not SO
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The variance is necessary for the preservation and enjo of a substantial property right possessed by other prop in the sam vicinity and zone but which is denied to the property in question since:
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a) The unique configuration of the property reduces t
buildable area of the property.
b) Other property in the immediate area is more
regularly shaped, thereby permitting development
without the need for a variance.
3) The granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in such vicinity and zone in which the property is located since:
a) The proposed residence would meet the required
side and rear yard setback, posing no hazard to
adjacent property;
b) Adequate room exists for any future public improve
along Tuttle Street;
a 1 c) No significant environmental impacts are anticipat
since the project is categorically exempt from the
(Section 19.04.090 (c) (4) . 22
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Carlsbad Environmental Protection Ordinance
comprehensive general plan since: 24
4) The granting of the variance will not adversely affect
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a) The project is consistent with the underlying land use designation.
b) All public facilities necessary to serve the proje
will not be available concurrent with need. The
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Planning Commission has, by inclusion of an approF
condition, required that the project condition,
I/ P. C. Resolution No. 1582 II Page 2
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required that the project contribute to the costs of such facilities. Since the development will pa its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been satisfied. 1 c) All other elements of the General Plan either do
not apply to the project or have been satisfactori
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approved V-298 subject to certain conditions: 8
Conditions 9
10 1) Approval is granted for V-298 as shown on Planning Commission Exhibit "A", dated October 24, 1979, on
file in the Planning Department and incorporated by
on these exhibits unless otherwise noted in these condi
WHEREAS, the Planning Commission, by the following vote
11 reference. Development shall occur substantially as sh
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2) Prior to the issuance of building permits, the applican shall pay a public facility fee as established in City
Council Policy No. 17. This approval is expressly
conditioned that the applicant shall enter into a secur
agreement with the City for the payment of this fee pri
to the approval of the resolution for this project by t
Planning Commission.
AYES: Schick, Rombotis, Jose, Leeds, Marcus, Larson
NOES: None.
ABSENT: Friestedt
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the above 11 recitations are true and correct. 21
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ATTEST :
CARLSBAD PLANNING'CO ISSION ..h"T
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J*flc:AGzmN,,, .sexg 28 .&IRLSBAD PLANNING COPli?fISSION *' 2 P.C. Resolution No. 1582
Page 3. .3
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss
CITY OF CARLSBAD 1
I, JAMES C. HAGAMAN, Secretary to the Planning Commissi
of the City of Carlsbad, California, do hereby certify that
the foregoing resolution was duly introduced, approved and
adopted by the Planning Commission of the City of Carlsbad
at a regular meeting of said Commission held on the 13th dab
of February, 1980, by the following roll call vote:
AYES: Schick, Rombotis, Jose, Leeds, Marcus, Larsor
and Friestedt
NOES: None
ABSTAIN: None
ABSENT : None
r /J3 .;.' "7 ,, .//'
V298, Sohol
P.C. Resolution No. 1582 Page 4