HomeMy WebLinkAbout1980-04-09; Planning Commission; Resolution 1622** -, 1
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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
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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.
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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.
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I //// 1 pc RESO #1622 -2-
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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
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XI. 5)
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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.
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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.
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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.
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PC RESO if1622 -3-
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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
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Jp+ c .A%fGhm.y,,., *+Secyetary CFRLSBAD PLANNY~G CO~TISSION
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