HomeMy WebLinkAbout1980-02-13; Planning Commission; Resolution 1586* - I1 0 (b
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PLANNIPJG COI@VIISSION RESOLUTION NO. 1586
A RESOLUTION OF TEE PLANNING COW4ISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO REDUCE THE REQUIRED FRONT YARD AND
SIDE YARD SETBACKS TO 2.5' AND 3' RESPECTIVELY
AT 2623 OCEAN STREET.
CASE NO: V-295
APPLICANT: EASTERBROOKS
WHEREAS, a verified application for certain property, tc
wit:
Lot 7 in Block A of the Hayes Land Company addition
to the City of Carlsbad, County of San Diego, Map No. 2, according to Map No. 1221, filed in the Office
of the County Recorder November 4, 1909
has been filed with the City of Carlsbad and referred to the
Planning Commission; 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-295 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(~)(4) which exempts minor side yard and
setback variances not resulting in the creation of any new p
or in any change of 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-295), and found the following facts and reas
to exist:
Findings
1) There are exceptional or extraordinary circumstances
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applicable to the subject property that do not apply generally to the other property in the same vicinity
since the lot is of a substandard width, which along
with the required 5 foot dedication, reduces the builda
area and necessitates the front and side yard variances
2) The 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 propery in question since other property in the immediate area have additional lot area available for building or, have either been granted set variances or have been previously developed with reside] which do not meet current R-3 setback requirements.
l 3) The granting of the variances will not be materially
i I detrimental to the public welfare or injurious to the
property on improvements in the vicinity in which the
property is located since:
a) The area has been established as a Fire Zone I1 wh
necessitates special building practices in order t'
reduce fire potential.
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~ b) The variances would not interfere with emergency
access or the circulation of light and air to the
property.
c) An adequate buffer between the street and residenct
will be provided in order to reduce any potential traffic safety problems.
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4) The granting of this variance will not adversely affect
the City's Comprehensive General Plan since:
a) The project is consistent with the underlying 19 landuse designation.
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b) At this time, the Planning Commission is not
prepared to find that all other public facilities
necessary to serve the project will be available
concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilitic which it will require, the Planning Commission is
satisfied that the requirements of the public facilities element of the general plan have been satisfied.
c) The project is consistent with a11 other elements
of the City's General Plan.
28 11 zi. Resolution No. 1586
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5) The project will not result in any significant adversl environmental impact since it is categorically exempt
from the Carlsbad Environmental Protection Ordinance ,
per Section 19.04.090 (c) (4).
WHEREAS, the Planning Commission, by the following voi
approved V-295 subject to certain conditions:
- Conditions
1) Approval is granted for V-295 as shown on Planning COI
Exhibits "A" and "B" to V-295 dated 10/4/79, on file : the Planning Department and incorporated by reference. Development shall occur substantially as shown on thes exhibits unless otherwise noted in these conditions.
2) The applicant shall agree to dedicate to the City a 5
wide strip of land, running the length of the propertl
along Ocean Street, prior to the issuance of building
Said land shall be free of all liens and encumbrances.
3) The applicant shall enter into a lien contract for ful half street improvements, prior to the issuance of a
building permit.
4) The permitted zero foot front yard setback shall be me
from the new property line created upon the 5 foot
dedication required in Condition No. 2.
5) Prior to issuance of building permits, the applicant 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 secu
agreement with the City for the payment of this fee pr
to approval of the resolution for this project by the
Planning Commission.
AYES : Schick, Rombotis, Jose, Leeds, Marcus and La
ABSENT: Friestedt
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the above
recitations are true and correct. b !,r, ~, c\v
a I$.Ll a, .I !& .kJ,f :,.
EDWIN S . SCHICK, JR.1 ~ :
CARLSBAD PLANNING CC?
ATTEST: 3 a -...y,<y-. ,:?A&&?-
/3 7
.g@BS C. HA MIX&{ Sdretary
..~~~~'CARLSBAD PLANN~NG~~MMISSION ,... J
'/ P. C. Resolution No. 1586 3.
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CITY OF CARLSBAD 1 2 COUNTY OF SAN DIEGO )
STATE OF CALIFORNIA )
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I, JAMES C. HAGAMAN, Secretary to the Planning Commissio 5
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of the City of Car-lsbad, California, do hereby certify that
foregoing resolution was duly introduced, approved and adopt
the Planning Commission of the City of Carlsbad at a reqular
meeting of said Commission held on the 13th day of February,
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bv the following roll call vote:
AYES: Schick, Rombotis, Jose, Leeds, Marcus, and Larson
NOES : None
ABSTAIN : None
ABSENT: None
and Priestedt
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2o I V-295, Easterbrooks
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28 P.C. Resolution No. 1586
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