HomeMy WebLinkAbout1981-08-12; Planning Commission; Resolution 1850c I) - e a!
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PLANNING COMMISSION RESOLUTION NO. 1850
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE CREATION OF A PANHANDLE LOT
AS PART OF A MINOR SUBDIVISION LOCATED ON THE
NORTHWEST CORNER OF HIGHLAND DRIVE AND BUENA VISTA
AVENUE IN THE R-1 ZONE. APPLICANT: KELLET CASE NO: MS-538
WHEREAS, a verified application for certain property, to
wit:
A portion of Tract 5 of Laguna Nesa Tracts, Map 1719, Citl
of Carlsbad.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as provide
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 mc
be approved by the Planning Commission; and
WHEREAS, the Planning Commission did, on the 12th day of
August, 1981, hold a hearing as prescribed by law to consider
said request; and
WHEREAS, at said hearing, upon hearing and considering all
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:
I (A) That the foregoing recitations are true and correct.
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(€3) That based on the evidence presented at the public hearins the Commission recommends APPROVAL of MS-538, based on the following findings and subject to the following conditions
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1 Findings I/ 2 1) The property cannot be served adequately with a public street without a panhandle lot due to unfavorable condit: 3 resulting from the lot's configuration.
4 2) Subdivision with a panhandle lot will not preclude or ad-
versely affect the ability to provide full public street 5 access to other properties within the same block.
6 3) The proposed subdivision is consistent with all elements
the city's General Plan, including the land use element
tial development at 0-4 du/acre,
7 which designates this site for low-medium density resider
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5)
The proposed project will not result in adverse environ-
mental impacts and it has been found to be exempt from tk Carlsbad Environmental Protection Ordinance per Section
19.04.070 (6) (D) (iv), which specifically exempts pan-
handle lots in the R-1 zones in developed areas.
The project is consistent with all city public facility policies and ordinances and with Title 21 of the city's Municipal Code.
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Conditions
1) Approval is granted for MS-538, as shown by Exhibit A, dz July 28, 1981, incorporated by reference and on file in t
Planning Department. Development shall occur substantial as shown unless otherwise noted in these conditions.
17 2) The panhandle lots shall have three non-tandem parking spaces with an approach not less than 24 feet in length w 18 a proper turnaround area to permit complete turnaround fo forward access to the street. Said parking and turnaroun shall be subject to the approval of the City Engineer. 19 I/ I 20
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3) Structures permitted in the access portion of the lot sha be limited to mailboxes, fences, trash enclosures, landsc containers and nameplates. Except for mailboxes, the str tures shall not be greater than forty-two inches in heigh if located within twenty feet of the street property line greater than six feet in height beyond this point.
4) Prior to final map approval, the property owner shall ent into an agreement to hold the city or any other public se vice agency harmless from liability for any damage to the driveway when being used to perform a public service subj to Planning Director and City Attorney approval.
5) The buildable portion of the panhandle lot shall be all
portions of the lot that have a width of greater than 35 feet.
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PC RES0 1850 -2-
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6) The frontyard of parcel 1 is defined as a line running eas
to west along the southerly property line of said lot.
7) All conditions of the tentative parcel map for MS-538, ap-
proved by the Engineering Department, are incorporated
herein by reference and shall be complied with in their entirety.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 12th day of August, 1981, by the following vote, to wit: 7
Planning Commission of the City of Carlsbad, California, held
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AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
NOES: None.
ABSENT: Commissioner L'Heureux.
Schlehuber, Jose and Friestedt.
ABSTAIN : None
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SBAD PLAN
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PC RES0 #1850 -3-