HomeMy WebLinkAbout1981-04-22; Planning Commission; Resolution 1798f
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I. /I PLANNING COMMISSION RESOLUTION NO. 1798
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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
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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
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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
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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:
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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
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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
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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
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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.
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