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HomeMy WebLinkAbout1984-03-14; Planning Commission; Resolution 22571 1 2 3 4 5 6 7 8 9 e 0 PLANNING COMMISSION RESOLUTION NO. 2257 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUC! REQUIRED SIDE YARD SETBACK FROM FIVE FEET TO ZERO F! GENERALLY LOCATED ON THE WEST SIDE OF ROMERIA STREE' NORTR OF LA COSTA AVENUE. APPLICANT: ASHFORTH CASE NO.: V-355 WHEREAS, a verified application for certain propert wit: Lot 391 of La Costa South Unit No. 5, according to thereof No. 6600, filed in the Office of the County Recorder, March 10, 1970 loIl has been filed with the City of Carlsbad, and referred to th ''11 Planning Commission; and 12 l3 14 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th d l5 March, 1984, hold a duly noticed public hearing as prescribe l6 law to consider said request; and 17 l8 considering all testimony and arguments, if any, of all perf I' 1 desiring to be heard, said Commission considered all factorE 2o relating to V-355. WHEREAS, said verified application constitutes a re WHEREAS, at said public hearing, upon hearing and 21 22 B) That based on the evidence presented at the public heal 24 A) That the foregoing recitations are true and correct. 23 Commission of the City of Carlsbad as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannj 25 the Commission APPROVES V-355, based on the following 1 and subject to the following conditions: 26 //// 27 I/ //// 28 //// 1 c 0 0 1 // Findings 2 1) That there are exceptional or extraordinary circumstancc 4 conditions applicable to the property or to the intendec use in the same vicinity and zone, as discussed in the ~ 2) That such variance is necessary for th preservation and 5 report. 3) That the granting of such variance will not be material 7 the property in question, as discussed in the staff repc property in the same vicinity and zone but which is den. 6 enjoyment of a substantial property right possessed by ( 3 that do not apply generally to the other property or Cli 8 detrimental to the public welfare or injurious to the p 9 or improvements in such vicinity and zone in which the property is located, as discussed in the staff report. lo 11 4) That the granting of such variance will not adversely a report. the comprehensive general plan, as discussed in the sta l2 13 5) The project is consistent with all City public facility icies and ordinances since: 14 15 16 17 18 19 20 a) The Planning Commission has, by inclusion of an app condition to this project, insured that the final m not be approved unless the City Council finds that service is available to serve the project. In addi the Planning Commission has added a condition that shall be placed on the final map that building perm not be issued for the project unless the City Engin determines that sewer service is available, and bui cannot occur within the project unless sewer servic remains available, and the Planning Commission is s that the requirements of the public facilities elem the general plan have been met insofar as they appl sewer service for this project. 21 I1 b) All necessary public improvements have been provide' will be required as conditions of approval. 22 23 24 25 c) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit Performance of that contract and payment of the fee enable this body to find that public facilities wil available concurrent with need as required by the g plan. 26 27 28 6) This project will not cause any significant environment impacts and a Negative Declaration has been issued by t Use Planning Manager on February 24, 1984 and approved Planning Commission on March 14, 1984. d) Assurances have been given that adequate sewer for project will be provided by the City of Carlsbad. PC RES0 NO. 2257 -2- -s 4 a e l. 11 Conditions 2 3 7) Approval is granted for V-355 I as shown on Exhibit "A" p March 14, 1984, incorporated by reference and on file i 4 Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 5 2) This project is approved upon the express condition tha 6 building permits will not be issued for development of subject property unless the City Engineer determines th 7 facilities are available at the time of application for sewer permits and will continue to be available until t 8 occupancy. 9 10 11 12 13 3) This project is approved upon the express condition tha applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment fee, a copy of that agreement, dated December 19, 1983, file with the City Clerk and incorporated herein by ref If said fee is not paid as promised, this application w be consistent with the General Plan and approval for th project shall be void. I.4 15 4) Approval of this request shall not excuse compliance wi ordinances in effect at time of building permit issuanc sections of the Zoning Ordinance and all other applicab l6 5) This variance shall be valid for CP-267 and CT 83-38 17 18 19 only. //// //// 20 11 //// 21 // //// 22 11 ///I 23 /I //// 24 25 //// //// 26 // //// 27 I/ //// //// 28 PC RES0 NO. 2257 I -3- SI 4 ,. 1 2 3 4 5 6 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting 0: Planning Commission of the City of Carlsbad, California, helc the 14th day of March, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Schlehube NOES : None. Lyttleton, Farrow and Smith. 7 II ABSENT: Commissioners Marcus and Rawlins. 6 9 10 A I/ ABSTAIN: None. /7 c- - //a ERR9 RWBOTIS, Chairman ~SBKD PLANNING COMMISSI I’ I/ ATTEST: 12 13 14 15 16 LAND USE PLANNING MANAGER 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2257 -4-