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HomeMy WebLinkAbout1985-08-28; Planning Commission; Resolution 2481- 11 m 0 I *' * -. il I. ll PLANNING COMMISSION RESOLUTION NO. 2481 I 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO REDUCE THE FRONTYARD SETBACK FROM TWENTY FEET TO FIFTEEN FEET ON PROPERTY LOCATED ON THE WEST SIDE OF PI0 PIC0 DRIVE ADJACENT TO INTERSTATE 5, WEST OF BUENA VISTA AVENUE. APPLICANT : KUBOTA CASE NO.: V-368 I 6 wit: 7 WHEREAS, a verified application for certain property, to 8 I/ Portion of Lot 4, Township 11 South, Range 4 West, Section 31 City of Carlsbad, 9 11 has been filed with the City of Carlsbad, and referred to the I 10 11 Planning Commission; and WHEREAS, said verified application constitutes a request l2l1 as provided by Title 21 of the Carlsbad Municipal Code; and I 13 11 WHEREAS, the Planning Commission did, on the 28th day of I 14/1 August, 1985, hold a duly noticed public hearing as prescribed by I 151/ law to consider said request; and l6 il WHEREAS, at said public hearing, upon hearing and 17 18 considering all testimony and arguments, if any, of all Persons desiring to be heard, said Commission considered all factors 19 I 2o 21 I relating to V-368. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. 23 24 25 26 27 28 I B) That based on the evidence presented at the public hearing, the Commission APPROVES v-368, based on the following findings and subject to the following conditions: Findings: 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property Or class of use in the Same vicinity and zone, as discussed in the Staff report. I I1 0 0 I .I .* /I I 1 2 2) 4 3 5 3) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question, as discussed in the staff report. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located, as discussed in the staff report. I 6 4) That the granting of such variance will not adversely affect the comprehensive General Plan, as discussed in the Staff 7 report . 8 5) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The project is consistent with all City public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been rnet insofar as they apply to sewer service for this project. I b) All necessary public improvements have been provided or will be required as conditions of approval. c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. d) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 27, 1985 and approved by the Planning Commission on August 28, 1985. Conditions: 1 ) Approval is granted for V-368, as shown on Exhibits "A" - I'D", dated July 30, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. //// PC RES0 NO. 2481 -2- . c .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! 1) 0 2) This variance is subject to the approval of SDP 85-8. Should approval of SDP 85-8 expire then this variance shall become null and void. 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Cit Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated June 17, 1985, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. I PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 28th day of August, 1985, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners: L'Heureux, Marcus, McFadden, Smith, Rombotis is Wall. NOES : None. ABSENT : None. ABSTAIN: None. ;@ b /&J!J&?, d?k@"*L iG CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION .I ATTEST : \ MICHAEL J. mZMImER LAND USE PLANNING MANAGER I PC RES0 NO. 2481 -3- i I