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HomeMy WebLinkAbout1983-01-26; Planning Commission; Resolution 2074i I< d"" , 0 0 4 '. 1 2 3 4 5 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 _~~_~ ~. ~ 6 7 8 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 10 Planning Commission: and 11 has been filed with the City of Carlsbad, and referred to t 12 WHEREAS, said verified application constitutes a r 13 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 18 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 22 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: 26 (I//// 27 //// 28 //// ll LC *- * II J. e 0 1 Findings: 2 4 3 1) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2) 3) 4) 5) 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 I .. -e* ir T . I/ C' 0 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting 2 the 26th day of January, 1983, by the following vote, to wi 3 Planning Commission of the City of Carlsbad, California, he 4 5 6 7 8 9 10 AYES: Chairman Schlehuber, Commissioners Marcus NOES 2 None . ABSENT: Commissioner Rawlins. ABSTAIN : None . Rombotis, Farrow, Jose and Friestedt. b- @ d/@d I CLARENCE SCHLEHUBER, Cha 1 CARLSBAD PLANNING COMMIS ~ 11 //ATTEST: 12 13 14 15 l6 /I 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2074 .3