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HomeMy WebLinkAbout1980-04-09; Planning Commission; Resolution 1622** -, 1 .I -I 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I Il e 0 PLANNING COIWlISSION RESOLUTION NO. 1622 RESOLUTION OF THE PLANNING CO?Q!IISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CREATION OF A PANHANDLE LOT AS PART OF A MINOR SUBDIVISION LOCATED ON THE EAST SIDE OF SKYLINE ROAD, NORTH OF ALDER AVENUE. APPLICANT: ANTIN/OZERKIS CASE NO: MS-433 WHEREAS, a verified application for certain property, tc wit: Portion of Lot "1" of Rancho Aqua Hedionda in the City of Carlsbad, County of San Diego, according to Map No. 823, filed on November 16, 1896 has been filed with the City of Carlsbad, and referred to thc Planning Commission; and WHEREAS, said application constitutes a request as prov. by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Carlsbad Municipal Code, Section 21.10.080 provides that any panhandle lots within a minor subdivision I be approved by the Planning Commission; and WHEREAS, the Planning Commission did on the 9th day of April, 1980, hold a hearing as prescribed by law to consider said request; and WHEREAS, at said hearing, upon hearing and ccnsidering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating i I the Minor Subdivision; and ~ NOW, THEREFORE, BE IT HEREBY RESOLL7ED Sy the Planning Commission as follows: A) That the foregoing recitations are true and correct. //// I I. *' I/ e e 1 2 3 4 5 6 7 8 9 x0 11 12 13 14 15 16 17 l8 I 19 I 20 21 22 23 24 25 26 27 28 I B) That based on the evidence presented at the hearing, the Commission APPROVES the creation of a panhandle lot as part of MS-433, based on the following findings and c to the following conditions: Findings 1) The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditj resulting from the lot configuration and existing land development. 2) Subdivision with a panhandle lot will not preclude or adversely affect the ability to provide full public strc access to other properties within the same block since the project would not set an undesirable precedent or interfere with access to existing or future parcels. 3) The proposed subdivision is consistent with all elements of the City's General Plan, including the land use elemc which designates this site for low-medium density residential development at 0-4 du/acre. 4) The proposed project will not result in any adverse environmental impacts and it has Seen found to be exempt from the Carlsbad Environmental Protection Ordinance per Section 19.04.090(C)4, which specifically exempts panhar lots in the R-1 zones in developed areas. 5) The buildable portion of Parcel B shall be all portions of the lot exclusive of the 20 foot wide panhandle, and the front yard is defined as the line running approximat north to south dividing Parcel A and Parcel B. 6) The project is consistent with all city public facility policies and ordinances and with Title 21 of the City's Municipal Code. I 7) The applicant has agreed and is required by the inclusic of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilitieE will be available concurrent with need as required by tl General Plan. Conditions 1) Approval is granted for f\IS-433 as shovm on Exhibit ''All ~ dated April 3, 1980, incorporated by reference and on file in the Planning Department. Development sh; occur substantially as shown unless otherwise noted in these conditions. ~ //// I //// 1 pc RESO #1622 -2- JJ .- r' I1 e 0 I1 1 2) A ninimum 14 foot wide driveway shall be constructed to the satisfaction of the City Engineer to accommodate puk 3 area on the buildable portion of the lot with the public street. 4 3) The panhandle lot shall have three non-tandem parking SF 5 with an approach not less than 24 feet in length with a proper turnaround akea to permit complete turnaround for forward access to the street. Said parking and turnaroc 6 shall be subject to the approval of the City Engineer. 2 service vehicles. This driveway shall connect the parki 7 a 4) 9 10 XI. 5) 12 13 Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailbo, the structure shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. Parking for parcel "A" shall be redesigned by providing minimum lO'x20' parking space adjacent to the north of the existing driveway serving the one car garage. Said parking space shall be located outside of the required setback and improved as required by the City Engineer. I* 16 15 6) The property owner of the panhandle lot shall agree to 17 7) In addition to these conditions, the applicant shall COI with all other conditions placed on the approved parcel map by the City Engineer. 18 hold the city or any other public service agency harmle: from liability for any damage to the driveway when bein! used to perform a public service. 19 20 21 22 23 24 25 26 i 8) This project is approved upon the express condition thai the applicant shall pay a public facilities fee as requ: by City Council Policy No. 17, dated August 29, 1979, 01 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 2/28/80, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for th. project shall be void. //// //// 27 (( //// 28 // //I/ PC RESO if1622 -3- >. 4 I * 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 e e PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of April, 1980, by the following vote, to wit: AYES: Schick, Larson, Friestedt, Marcus, Leeds, Xomk and Jose. NOES : None. ABSENT : None. ABSTAIN: None. ATTEST : CARLSBAD PLANNING CO$p SSI s 15 16 17 18 19 20 21 22 // r") ,.! qpm?. Jp+ c .A%fGhm.y,,., *+Secyetary CFRLSBAD PLANNY~G CO~TISSION ..;/'' ; ..' ,I I .* $ .'"//fl/gi I; / .I 23 24 25 26 27 28 PC RES0 #I622 -4-