HomeMy WebLinkAbout1984-03-28; Planning Commission; Resolution 2260% @ 0
I /I PLANNING COMMISSION RESOLUTION NO. 2260
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R RESOLUTION OF THE PLANNING COMMISSION OF THE; CITY
CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCI
FRONT YARD SETBACK FROM 20 FEET TO 10 FEET AND TO El
INTO THIS SETBACK 6 FEET ALSO TO REDUCE THE VISITOR
PARKING REQUIREMENTS FROM SIX SPACES TO FIVE SPACES
GENERALLY LOCATED ON THE SOUTH SIDE OF HEMLOCK AVENI
BETWEEN GARFIELD AVENUE AND THE AT&SF RAILROAD.
APPLICANT: HEMLOCK CONDOMINIUMS
CASE NO.: V-356
7 11 WHEREAS, a verified application for certain propert:
811 wit:
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That portion of Lot 16 in Block "M" of Palisades,
according to Map 1747 filed February 5, 1923,
has been filed with the City of Carlsbad, and referred to tht
Planning Commission; and
WHEREAS, said verified application constitutes a ret
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 28th d'
March, 1984, hold a duly noticed public hearing as prescribe1
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
19 I considering all testimony and arguments, if any, of all pers
desiring to be heard, said Commission considered all factors
relating to V-356.
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23 Commission of the City of Carlsbad as follows:
24 A) That the foregoing recitations are true and correct.
25 B) That based on the evidence presented at the public hear
the Commission APPROVES V-356, based on the following f
and subject tcl the following conditions; 26
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
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1((Finaings:
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1) The site is physically suitable for the type and density development since the site is adequate in size and shape
accommodate residential development at the density prop0
4 2) The project is consistent with all City public facility
5 icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appr condition to this project, insured that the final ma not be approved unless the City Council finds that s
service is available to serve the project. In addit the Planning Commission has added a condition that a
shall be placed on the final map that building permi
not be issued for the project unless the City Engine
determines that sewer service is available, and buil cannot occur within the project unless sewer service remains available, and the Planning Commission is sa
that the requirements of the public facilities eleme
the general plan have been met insofar as they apply
sewer service for this project.
b) The applicant has agreed and is required by the incl
of an appropriate condition to pay a public faciliti Performance of that contract and payment of the fee enable this body to find that public facilities will
available concurrent with need as required by the gc plan,
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3) The applicant is being denied a property right due to tl.
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1 ) Approval is granted for V-356, as shown on Exhibit "A", 2o
Conditions : l9
circumstances not shared by others in the vicinity. 18
February 14, 1984, incorporated by reference and on filt
Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these 22 1 conditions.
inclusion of the offset cul-de-sac.
4) The inclusion of the offset cul-de-sac has created an ur
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2) This project is approved upon the express condition thai
applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit1
City Clerk and incorporated herein by reference, and acc to the agreement executed by the applicant for payment 1 fee, a copy of that agreement, dated December 20, 1983, file with the City Clerk and incorporated herein by ref1
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,
PC RES0 NO. 2260 -2-
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1 3) Approval of this request shall not excuse compliance wit
ordinances in effect at time of building permit issuance
4) Approval of V-356 is granted subject to the approval and
2 sections of the Zoning Ordinance and all other applicabl
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PASSED, APPROVED AND ADOPTED at a regular meeting of 5
development of CT 83-39/CP-268 only.
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28th day of March, 1984, by the following vote, to wit: 7
Planning Commission of the City of Carlsbad, California, held
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AYES : Chairman Rombotis, Commissioners Rawlins, Schlehuber , Marcus, Lyttleton, Farrow and
NOES: None .
ABSENT : None
ABSTAIN: None
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LAND USE PLANNING MANAGER
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PC RES0 NO. 2260 -3-