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HomeMy WebLinkAbout1981-04-22; Planning Commission; Resolution 1798f L '\ e a I. /I PLANNING COMMISSION RESOLUTION NO. 1798 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CREATION OF ONE PANHANDLE LOT AS PART OF A MINOR SUBDIVISION LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE BETWEEN HIBISCUS CIRCLE AND JEFFERSON STREET IN THE R-1-7500 ZONE. APPL1CANT:JEFFRESS CASE NO: MS-526 WHEREAS, a verified application for certain 8 //property, to wit: 9 10 A portion of Tract 231 of Thum Lands, in the city of Carlsbad, County of San Diego, according to Map thereof No. 1681 filed in the Off ice of the County Recorder December 9, 1915. 11 WHEREAS, said application constitutes a request 12 consider said request; and 18 of April, 1981, hold a hearing as prescribed by law to 17 WHEREAS, the Planning Commission did on the 22nd day 16 subdivision must be approved by the Planning Commission; and 15 21.10.080 provides that any panhandle lots within a minor 14 WHEREAS, the Carlsbad Municipal Code, Section 13 as provided by Title 21 of the Carlsbad Municipal Code; and 19 I WHEREAS, at said hearing, upon hearing and 20 28 following findings and subject to the following 27 B) That based on the evidence presented at the hearing, the 26 A)That the foregoing -recitations are true and correct. 25 Commission as follows: 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 factors relating to the Minor Subdivision; and 22 persons desiring to be heard, said Commission considered all 21 considering all testimony and arguments, if any, of all Commission recommends APPROVAL of MS-526, based on the conditions: c r '. /I e a 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 Findings: 1) The property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from the lot' s configuration. 2) Approval of a panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block, 3) The proposed subdivision is consistent with the land use element of the city's General Plan, even though the project would have an overall density below that permitted by the RMH (Residential Medium-High Density) designation for the property it is in harmony with surrounding developments and fully utilizes the development potential of the site. 4) The proposed project will not result in any adverse environmental impacts and it has been found to be exempt from the Carlsbad Environmental Protection Ordinance per Section 19.04.070(f) (4c and 4d), which specifically exempts panhandle lots in the R-1 zones in developed areas. 5) The project is consistent with all city public facility policies and ordinance, and with Title 21 of the city's Municipal Code. 6) The proposed subdivision is consistent with all other elements of the general plan. Conditions: 1) Approval is granted for MS-526 as shown on Exhibit "A" dated March 2, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) The panhandle lot shall have three non-tandem parking spaces with an approach not less than 24 feet in length with a proper turnaround area to permit complete turnaround for forward access to the street. Said parking and turnaround shall be subject to the approval of the City Engineer. 3) Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, 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. PC RES0 #1798 -2- . .. ,. -* e * 1 4) The property owner of the panhandle lot shall agree to hold the city or any other public service agency 3 driveway when being used to perform a public service. 4 5) The buildable portion of the panhandle lot shall be all 5 portions of the lot that have a width of greater than 35 feet. Further, the front yard of the panhandle lot is 6 defined as a line running east to west along the southerly property line. 7 6) The developer shall obtain a grading permit prior to the 2 harmless from liability for any damage to the a 9 approved by the Engineering Department are incorporated commencement of any clearing or grading of the site. 7) All conditions of the tentative parcel map for MS-526 10 herein by reference and shall be complied with in their entirety. 11 PASSED, APPROVED AND ADOPTED at a regular meeting of 12 ABSTAIN: None. 18 ABSENT: Commissioner Friestedt. 17 NOES : None. 16 AYES : Chairman Marcus, Commissioners Rombotis, Farrow, 15 wit: 14 held on the 22nd day of April, 1981, by the following vote, to 13 the Planning Commission of the city of Carlsbad, California, Schlehuber,.Jose, and L'Heureux. 19 I I 20 21 22 -3-