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HomeMy WebLinkAbout1980-02-13; Planning Commission; Resolution 1586* - I1 0 (b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 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 I1 . # A. * a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. I ~ 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. 17 18 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. 20 21 22 23 24 25 26 27 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 .2 L * . . *. '* e e 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 W 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. c * - ./I* @ i a 1 CITY OF CARLSBAD 1 2 COUNTY OF SAN DIEGO ) STATE OF CALIFORNIA ) ss 3 4 I, JAMES C. HAGAMAN, Secretary to the Planning Commissio 5 6 7 8 9 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, 10 11 12 13 14 15 16 bv the following roll call vote: AYES: Schick, Rombotis, Jose, Leeds, Marcus, and Larson NOES : None ABSTAIN : None ABSENT: None and Priestedt 17 18 19 2o I V-295, Easterbrooks v 21 22 23 24 25 26 I1 27 28 P.C. Resolution No. 1586 /I .4