HomeMy WebLinkAbout1985-08-28; Planning Commission; Resolution 2481- 11 m 0 I
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I. ll PLANNING COMMISSION RESOLUTION NO. 2481 I
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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
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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,
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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
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considering all testimony and arguments, if any, of all Persons
desiring to be heard, said Commission considered all factors
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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.
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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.
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2)
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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.
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6 4) That the granting of such variance will not adversely affect
the comprehensive General Plan, as discussed in the Staff 7 report .
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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.
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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-
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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.
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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.
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d?k@"*L iG
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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ATTEST :
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MICHAEL J. mZMImER
LAND USE PLANNING MANAGER
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PC RES0 NO. 2481 -3-
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