HomeMy WebLinkAbout1983-02-23; Planning Commission; Resolution 2081c ~. a 0 *
1 I/ PLANNING COMMISSION RESOLUTION NO. 2081 II 2
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A BO1
AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICII CODE BY THE ADDITION OF SECTION 21.46.120(2) TO ALL(
CERTAIN INTRUSIONS INTO SIDE AND REAR YARD SETBACKS
ADJACENT TO PERMANENT OPEN SPACE AT THE DISCRETION (
LAND USE PLANNING MANAGER. APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-161
WHEREAS, the Planning Commission did, on the 23rd d4
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February, 1983, hold a duly noticed public hearing as prescr
law to consider said request; and
ll!! WHEREAS, at said public hearing, upon hearing and
I2 /I considering all testimony and arguments, if any, of all pers
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desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFOREl BE IT HEREBY RESOLVED by the Planni
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I' 1 part hereof, based on the following findings:
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hear the Commission recommends APPROVAL of ZCA-161 according Exhibit "A" dated February 9, 1983, attached hereto and
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i5L 1) The proposed amendment will allow greater utilization o
22 properties immediately adjacent to permanent open space
23 2) The propsed amendment gives the Land Use Planning Manag
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discretion to prevent intrusions that would adversely a
3) The project will not cause any significant environmenta 25
adjacent property owners.
Use Planning Manager on February 14, 1983 and approved 26
impacts and a Negative Declaration has been issued by t
Planning Commission on February 23, 1983.
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I. /I PASSED, APPROVED AND ADOPTED at a regular meeting of “k lanning Commission of the City of Carlsbad, California, held
he 23rd day of February, 1983, by the following vote, to wit 3
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AYES: Chairman Schlehuber, Commissioners Marcus,
NOES: None . Rombotis, Jose and Rawlins.
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ABSENT: Commissioners Farrow and Friestedt.
ABSTAIN: None. LI 11
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CLARENCE SCHLEHUBER, Chairrr CARLSBAD PLANNING COMMISSIC
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RE SO NO. 2081 .2
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ORDINANCE NO.
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AN ORDIKANCE OF THE CITY COUNCIL OF THE CITY OF CAR1
CALIFORNIA AMENDING TITLE 21. CHAPTER 21.46 OF' TEE (
MUNICIPAL CODE BY THE ADDITION OF SECTION 21..46.120[
ALLOW CERTAIN IKTRUSIONS INTO SIDE AND REAR YARD SET
ADJACENT TO PERMANENT OPEN SPACE SUBJECT TO A PERMI':
BY THE LAND USE PLANNING MANAGER.
The City Council of the City of Carlsbad does ordai~
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l3 I1 SECTION 1 f That Title 21 Chapter 21 -46 of the Carl:
9 Municipal code be amended by the addition of Section 21 o 46.1 I/ JO read as follows: II
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(2) Upon approval of the Land Use Planning Manager
following intrusions m2y project to the property lines of si1 rear yards immediately adjacent to permanent open space area (A) Unenclosed balconies, patios and decks wh
extend above the existing ground level. In making his determination, the Land Use Plan Manager shall f0110w the procedures as set forth in Chapter
of this Title except that the findings stated in Section
21.51.010(2) need not be made.
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days after its adoption, and the City Clerk shall certify to 17
EFFECTIVE DATE: This ordinance shall be effective
adoption. 20
once in the Carlsbad Journal within fifteen days after its 19
adoption of this ordinance and cause it to be published at 1 18
21 INTRODUCED AND FIRST READ at a regular meeting of t
2- I/' 6 Carlsbad City Council held on the day of
23 1983 I and thereafter
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z PASSED AND ADOPTED at a regular meeting of said Cit:
2 Council held on the day of p 1983: by
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following vote, to wit:
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NOES : 5
AYES :
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AB,;ENT
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" ALETEA L. RAUTENXRAWZ, City Clerk
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MARY H. CASLER, Mayor
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