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HomeMy WebLinkAbout1984-08-22; Planning Commission; Resolution 2338t. * ll 0 0 I1 1 !! PLANNING COMMISSION RESOLUTION NO. 2338 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY PORTION OF THE FRONTYARD SETBACK FROM 50 FEET TO 36 GENERALLY LOCATED ON THE NORTHWEST CORNER OF PALOMA AIRPORT ROAD AND AVEMIDA ENCINAS. APPLICANT: PALOMAR VENTURES CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCI CASE NO.: V-362 6 I/ WHEREAS, a verified application for certain propert 711 wit: 8 I/ A portion of Lot "H" of Rancho Agua Hedionda accord Map 823 filed November 16, 1896, '11 has been filed with the City of Carlsbad, and referred to th 10 11 12 13 14 15 Planning Commission; and WHEREAS, said verified application constitutes a re provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 22nd d August, 1984, hold a duly noticed public hearing as prescrib law to consider said request; and 16 17 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pers 1811 desiring to be heard, said Commission considered all factors 19 il 1 relating to V-362. 2o (1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 21 Commission of the City of Carlsbad as follows: 22 A) That the above recitations are true and correct. 23 B) That based on the evidence presented at the public hear 24 25 the Commission APPROVES V-362, based on the following j and subject to the following conditions. I/ Findings: 26 .- - 1) That there are exceptional or extraordinary circumstanc 27 28 property is being required to dedicate a strip of land conditions applicable to the property because the subjc circulation for future commercial and industrial develc its frontage for street widening to provide adequate t~ in this area. . * ll 1 2 3 4 5 6 2) 3) e e That such a variance is necessary for the preservation enjoyment of a substantial property right possessed by properties in the area since no other property is bein? required to dedicate additional land to accommodate a turn pocket and still maintain a 50 foot setback. 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 1 establish an undesirable precedent due to the unusual alignment of Avenida Encinas in this area and the need left turn pocket to provide adequate circulation. 7 a 9 10 4) That the project is consistent with all City public fat policies and ordinances since the applicant has agreed required by the inclusion of an appropriate condition public facilities fee. Performance of that contract a] payment of the fee will enable this body to find that : facilities will be available concurrent with need as rt by the general plan. 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 ll 5) This project will not cause any significant environmen. impacts and a Negative Declaration has been issued by Use Planning Manager on June 21, 1984 and approved by Planning Commission on July 25, 1984. Conditions: 1 ) Approval is granted for V-362, as shown on Exhibit "X" August 7, 1984, incorporated by reference and on file Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition th applicant shall pay a public facilities fee as require City Council Policy No. 17, dated April 2, 1982, on fi the City Clerk and incorporated herein by reference, a according to the agreement executed by the applicant f' payment of said fee, a copy of that agreement, dated PI 1984, is on file with the City Clerk and incorporated by reference. If said fee is not paid as promised, th application will not be consistent with the General P1 approval for this project shall be void. //// //// //// //// //// PC RES0 NO. 2338 -2- - 0 0 1 the 22nd day of August, 1984, by the following vote, to wit: 3 Planning Commission of the City of Carlsbad, California, hel 2 PASSED, APPROVED AND ADOPTED at a regular meeting 0 4 5 6 7 8 9 10 11 AYES: Commissioners Smith, Marcus, Schlehuber and Rawlins. NOES: None. ABSENT: Chairman Rombotis, Commissioners Farrow ar McFadden. ABSTAIN: None. CARLSBAD PLANNING COMMISSI 12 I/ATTEST: 13 14 //LAND USE PLANNING MANAGER 15 16 17 18 19 2o i 21 22 23 24 25 26 27 !I 28 PC RES0 NO. 2338 -3-