HomeMy WebLinkAbout1983-01-26; Planning Commission; Resolution 2074i
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PLANNING COMMISSION RESOLUTION NO. 2074
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDU
SETBACK REQUIREMENTS FOR SEVEN LOTS GENERALLY LOCA THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF LAU LANE. APPLICANT: UKEGAWA CASE NO.: V-344 _~~_~ ~. ~
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WHEREAS, a verified application for certain proper
wit:
A portion of Lot "G" of Rancho Agua Hedionda accor
9 map thereof No. 823 filed November 16, 1896
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Planning Commission: and 11
has been filed with the City of Carlsbad, and referred to t
12 WHEREAS, said verified application constitutes a r
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law to consider said request: and 16
January, 1983, hold a duly noticed public hearing as prescr 15
WHEREAS, the Planning Commission did, on the 26th 14
as provided by Title 21 of the Carlsbad Municipal Code; and
17 WHEREAS, at said public hearing, upon hearing and
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WOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann 21
relating to V-344. 20
desiring to be heard, said Commission considered all factor 19
considering all testimony and arguments, if any, of all per
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B) That based on the evidence presented at the public hear 24
A) That the foregoing recitations are true and correct. 23
Commission of the City of Carlsbad as follows:
Commission APPROVES V-344, based on the following findi 25 subject ot the following conditions:
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1 Findings:
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2)
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That there are exceptional or extraordinary circumstan
conditions applicable to the property because due to t for a frontage road in this area the seven buildable 1
created by this tentative map will be through lots. T
narrow width of the subject property would make it ver difficult to develop these properties if they were req have a 50' setback from Palomar Airport Road and a 30' from the proposed frontage road.
That such a variance is necessary for the preservation
enjoyment of a substantial property right possessed by
properties in the vicinity because other properties in vicinity have been allowed to have reduced setbacks fr same frontage road that will provide access to this pr
That the granting of the variance will not be material
detrimental to the public welfare or adversely affect
general plan since the granting of the variance will n establish an undesirable precedent due to the narrow w
this property and the need for a frontage road.
The project is consistent with all city public facilit policies and ordinances since the applicant has agreed
required by the inclusion of an appropriate condition public facilities fee. Performance of that contract a1
payment of the fee will enable this body to find that 1
facilities will be available concurrent with need as rt by the General Plan.
This project will not cause any significant environmen. impacts and a Negative Declaration has been issued by Use Planning Manager on January 5, 1983 and approved b:
Planning Commission on January 26, 1983.
19 I/Conditions:
20 1) Approval is granted for V-344, as shown on Exhibit "B" November 4, 1982, incorporated by reference and on fill
substantially as shown unless otherwise noted in these 21
4) This project is approved upon the express condition th: 23
conditions. 22
Land Use Planning office. Development shall occur
applicant shall pay a public facilities fee as requirec 24 Council Policy No. 17, dated April 2, 1982, on file wil
City Clerk and incorporated herein by reference, and a( 25 to the agreement executed by the applicant for payment fee, a copy of that agreement, dated July 6, 1982, is ( 26 with the City Clerk and incorporated herein by referenc said fee is not paid as promised, this application wil: 27 consistent with the General Plan and approval for this
shall be void. 28
PC RES0 NO. 2074 .2
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1 PASSED, APPROVED AND ADOPTED at a regular meeting
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the 26th day of January, 1983, by the following vote, to wi 3
Planning Commission of the City of Carlsbad, California, he
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AYES: Chairman Schlehuber, Commissioners Marcus
NOES 2 None .
ABSENT: Commissioner Rawlins.
ABSTAIN : None .
Rombotis, Farrow, Jose and Friestedt.
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CLARENCE SCHLEHUBER, Cha
1 CARLSBAD PLANNING COMMIS
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28 PC RES0 NO. 2074 .3