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HomeMy WebLinkAbout1981-07-22; Planning Commission; Resolution 1838.+ *L -' II a e 1 2 3 4 5 ~ PLANNING COMMISSION RESOLUTION NO. 1838 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CREATION OF TWO PAN- HANDLE LOTS AS PART OF A MINOR SUBDIVISION LOCATED ON THE NORTH SIDE OF PARK DRIVE BETWEEN MARINA DRIVE AND ADAMS DRIVE APPLICANT: SPANGLER CASE NO: MS-533 ~ tj II WHEREAS, a verified application for certain property, to 1 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I i A portion of lot "I" of the Rancho Agua Hedionda, in County of San Diego, State of California, according map thereof No. 823, filed in the office of the Coun Recorder of San Diego County, Nov. 16, 1896. WHEREAS, said application constitutes a request as provid, by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Carlsbad Municipal Code, Section 21.10.080 p vides that any panhandle lots within a minor subdivision must approved by the Planning Commission; and WHEREAS, the Planning Commission did on the 22nd day of J 1981, hold a hearing as prescribed by law to consider said req st; and WHEREAS, at said hearing, upon hearing and considering a1 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Minor Subdivision; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn sion as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearing, the Commission recommends approval of MS-533 based on the following findings and subject to the following condition 27 jl 28 I1 A' t . 0 Q 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 I 28 ~ I , I ~ ~ Findings 1) The property cannot be served adequately with a public st without panhandle lots due to unfavorable conditions resu ing from the lot's topography and configuration. 2) Approval of the panhandle lots will not preclude or adver affect the ability to provide full public street access t other properties within the same block. 3) The proposed subdivision is consistent with all elements the city's General Plan, including the land use element w designates this site for low-medium density residental de opment. 4) The project is consistent with all city public facility policies and ordinances, and with Title 21 of the City's Municipal Code. 5) The proposed project will not result in adverse environme impacts and, therefore, a Negative Declaration has been i by the Planning Director on July 1, 1981, and approved by Planning Commission on July 22, 1981. Conditions 1) Approval is granted for MS-533, as shown on Exhibit A, da July 22, 1981, incorporated by reference and on file in t Planning Department. Development shall occur substantial shown unless otherwise noted in these conditions. 2) The panhandle lots shall each have three non-tandem parki spaces with an approach not less than 24 feet in length w a proper turnaround area to permit complete turnaround fc forward access to the street. Said parking and turnarour shall be subject to the approval of the City Engineer. 3) Structures permitted in the access portion of the lots st be limited to mailboxes, fences, trash enclosures, landsc containers and nameplates. Except for mailboxes, the str ture shall not be greater than forty-two inches in height located within twenty feet of the street property line or greater than six feet in height beyond this point. 4) The property owners of the panhandle lots shall agree to the city or any other public service agency harmless fron liability for any damage to the driveway when being used perform a public service. 5) The buildable portion of the panhandle lots shall be all tions of the lots that have a width of greater than 35 fc Further, the front yards of the panhandle lots are definc a line running north to south along the westerly propert] line. I *' 3 * ' '*\I // 0 a 1 2 3 4 5 6 7 8 9 6) The developer shall obtain a grading permit prior to the mencement of any clearing or grading of the site. 7) All conditions of the tentative parcel map for MS-533, aF proved by the Engineering Department, are incorporated he by reference and shall be complied with in their entirety 8) This Project is approved upon the express condition that building Permits will not be issued for development of th subject property unless the City Engineer determines that Sewer capacity is available at the time of application fc such permits and will continue to be available until time occupancy. This note shall be placed on the final map. 9) Park Drive shall be dedicated on the final map along the division frontage based on a right-of-way half width of 2 feet. lo 11 10) Park Drive shall be improved by the developer along the E vision frontage based on a centerline to curb face width 12 feet and in conformance with City of Carlsbad Standards F to occupancy of any buildings. 13 14 15 16 17 18 19 I I 11) The subdivider shall install a fire hydrant and service t satisfaction of the Fire Marshall. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held the 22nd day of July, 1981, by the following vote, to wit: AYES: Marcus, Rombotis, Farrow, Schlehuber, Jose and NOES : None L'Heureux ABSENT: Friestedt 20 I ABSTAIN : None %gjkgj US, Chairman ;'! !2 ' PC RES0 1838 J