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HomeMy WebLinkAbout1984-07-25; Planning Commission; Resolution 2327, % q e X /I PLANNING COMMISSION RESOLUTION NO. 2327 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCl SETBACK FROM A MAJOR ARTERIAL FROM 50 FEET TO 2 FEE' BUILDING GENERALLY LOCATED ON THE NORTHWEST CORNER 1 PALOMAR AIRPORT ROAD AND AVENIDA ENCINAS. APPLICANT: PALOMAR VENTURES CASE NO.: V-360 6 wit: 7 WHEREAS, a verified application for certain propert 8 // A portion of Lot "H" of Rancho Agua Hedionda accord Map 823 filed November 16, 1896, 9 10 11 12 13 has been filed with the City of Carlsbad, and referred to tk Planning Commission; and WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 25th ( 14 15 16 17 18 19 July, 1984, hold a duly noticed public hearing as prescribe( to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all per desiring to be heard, said Commission considered all factor 1 relating to V-360. 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public he; the Commission APPROVES V-360, based on the following and subject to the following conditions; //// //// ///I -c m -T /I e 0 I1 1 Findings: I1 2 1) That there are exceptional or. extraordinary circumstanc conditions applicable to the property because of the el to the southerly property boundary. A 50 foot wide lar setback, much of which would not be visible from Palomz 3 Airport Road . 5 setback on top of this would result in a 85 foot lands( 4 35 foot wide slope leading up to Palomar Airport Road i 6 2) That such a variance is necessary for the preservation enjoyment of a substantial property right possessed by vicinity would be required to provide a 85 foot setbac 7 the property is bisected by a 20 foot sewer easement. 8 properties in the vicinity since no other property in 9 10 11 12 3) That the granting of this variance will not be materia detrimental to the public welfare or adversely affect general plan since the granting of this variance will establish an undesirable precedent due to the unusual topography of this site, nor will the granting of this variance prevent the future widening of Palomar Airpor to major arterial standards. 13 4) The project is consistent with all city public facilit policies and ordinances since the applicant has agreed 14 required by the inclusion of an appropriate condition public facilities fee. Performance of that contract a 15 payment of the fee will enable this body to find that facilities will be available concurrent with need as r 16 by the General Plan. 17 5) This project will not cause any significant environmen 18 Use Planning Manager on June 21, 1984, and approved by 19 20 21 dated June 26, 1984, incorporated by reference and on 22 substantially as shown unless otherwise noted in these impacts and a Negative Declaration has been issued by Planning Commission on July 25, 1984. Conditions: 1 ) Approval is granted for V-360, as shown on Exhibits "A the Land Use Planning Office. Development shall occur conditions. 23 2) This project is approved upon the express condition th Council Policy No. 17, dated April 2, 1982, on file wi 25 City Clerk and incorporated herein by reference, and e to the agreement executed by the applicant for payment 26 27 with the City Clerk and incorporated herein by referer fee, a copy of that agreement, dated May 4, 1984, is c consistent with the General Plan and approval for this said fee is not paid as promised, this application wil 28 shall be void. 24 applicant shall pay a public facilities fee as require PC RES0 NO. 2327 -2- I .+ v ll w e 1 PASSED, APPROVED AND ADOPTED at a regular meeting c 2 Planning Commission of the City of Carlsbad, California, he1 3 the 25th day of July, 1984, by the following vote, to wit: 4 5 AYES : Chairman Rombotis, Commissioners Marcus, 1 Schlehuber, McFadden and Rawlins. NOES : None. f3 I/ ABSENT: Commissioner Smith. 7 8 9 10 ABSTAIN : None . 11 ATTEST : 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2327 -3- I