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HomeMy WebLinkAbout1982-03-10; Planning Commission; Resolution 1924+ -. e 0 1 2 3 4 5 6 7 8 wit: PLANNING COMMISSION RESOLUTION NO. 1924 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 20' TO 17.5', SIDEYARD SETBACK FROM 7.5' TO 5' AND PERMIT TANDEM PARKING ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET NORTH OF PACIFIC AVENUE. APPLICANT: CARLSBAD OCEAN VILLAS CASE NO: V-332 WHEREAS, a verified application for certain property All of Lot 4 in Granville Park according to map 1782 February 21, 1924 9 has been filed with the city of Carlsbad, and referred to the lo ning Commisison; and 11 12 13 14 15 16 WHEREAS, at said public hearing, upon hearing and COI I'7 ing all testimony and arguments, if any, of all persons desirj WHEREAS, said verified application constitutes a reqi provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 10th da: March, 1982, hold a duly noticed public hearing as prescribed to consider said request; and l8 19 be heard, said Commission considered all factors relating to i ission of the city of Carlsbad as follows: 2o NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannins Commission subject to APPROVES the following V-332, conditions: based on the following finding: 23 21~ B) That based on the evidence presented at the public hearins 22 ) That the foregoing recitations are true and correct. 24 IL Findings: 25 That there are exceptional or extraordinary circumstances conditions applicable to the property because of the limit amount of building area and the sloping topography. 26 I;// 27 28r/ * - II e 0 1 2 3 2) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by otl property in the same vicinity and zone since other proper have reduced setbacks and utilize tandem parking. Also, previous variance was granted for tandem parking on a lot located to the south of the subject property. * 5 3) That the granting of such variance will not be materially 6 general plan since all parking will be provided on-site a detrimental to the public welfare or adversely affect the 4) The project is consistent with all city public facility 7 of the front setback. 8 9 10 11 5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the 12 Planning Director on January 11 , 1982, and approved by thc Planning Director on March 10, 1982. policies and ordinances since the applicant has agreed an( required by the inclusion of an appropriate condition to I public facilities fee. Performance of that contract and payment of the fee will enable this body to find that pub: facilities will be available concurrent with need as requ: by the General Plan. I-3 IIConditions '*!General Conditions: I1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) Approval is granted for V-332, as shown on Exhibit "A", c January 7, 1982, incorporated by reference and on file ir Planning Department. Development shall occur substantit shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development of tk subject property unless the City Engineer determines that facilities are available at the time of application for I sewer permits and will continue to be available until tir occupancy. 3) This project is approved upon the express condition that applicant shall pay a public facilities fee as required k Council Policy No. 17, dated August 29, 1979, on file wi City Clerk and incorporated herein by reference, and accc to the agreement executed by the applicant for payment of fee a copy of that agreement dated February 4, 1982, is c with the City Clerk and incorporated herein by reference. said fee is not paid as promised, this application will I: consistent with the General Plan and approval for this pr shall be void. ///// ' PC RES0 NO. 1924 I)///' -2- 11 - -. e e 1 PASSED, APPROVED AND ADOPTED at a regular meeting Of 2 3 Planning Commission of the city of Carlsbad, California, held 10th day of March, 1982, by the following vote, to wit: 4 5 6 7 8 9 10 AYES: Farrow, Marcus, Rombotis, Schlehuber, Jose anc L I Heureux NOES: None ABSENT: Friestedt ABSTAIN: None q!L&d-&< VERNaN J. ARROW, SR.,, Chairm( CARLSdANNING C~MISSION 11 ATTEST: 12 l3 ,SiES flA,fAZ.@?fl C. HAG%ycretary' (7 7JJ ,Z.&a~g&&,,.9. JARLSBAD PLANNIN' COMMISSION ,a ,5 5 16 1'7 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 1924 -3-