HomeMy WebLinkAbout1987-12-16; Planning Commission; Resolution 27060 e.
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PLANNING COMMISSION RESOLTJTION NO. 2706
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO THE REQUIREMENTS OF THE R-1 ZONE TO ALLOW ACCESS FROM A PRIVATE ACCESSWAY FOR A SINGLE R-1-15,000 LOT GENERALLY LOCATED EAST OF PARK DRIVE, SOUTH OF CALAVO COURT, AND WEST OF THE PROPOSED SUNNYHILL DRIVE. APPLICANT: VON PACKARD CASE NO.: V 87-1
WHEREAS, a verified application for certain property, to
wit:
Parcel B of Parcel Map 12243 filed in the Office of the County Recorder of San Diego County July 16, 1982,
has been filed with the City of Carlsbad and referred to- the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of
December, 1987, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to V 87-1.
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.
B) That based on the evidence presented at the public hearing, the Commission APPROVES V 87-1, based on the following findings and subject to the following conditions:
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Findinqs :
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There are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to the other property in the same vicinity and zone. The lot is on a steeply sloping hillside that makes access from frontage on Park Drive below inappropriate. The lot was finaled prior to receiving a valid Coastal Development Permit and, hence, created an unusual situation regarding the subdivision and use of the property.
Approval of this 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. The variance will allow access and, hence, use of the lot consistent with those in the same vicinity and R-1 zone. However, other lots in the vicinity are not as topographically constrained as the subject lot, and, hence, special site, grading, and architecture design is needed on the subject lot.
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3. Approval of this 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. The variance to provide access via a private easement is not in and of itself detrimental. However, as proposed by the applicant, the grading and site design are inappropriate for such a physically constrained and visually important site. Failure to appropriately address these constraint and visual resources runs counter to the City's General Plan and ordinances and is materially detrimental to the public welfare.
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4.
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Approval of this variance will not adversely affect the comprehensive plan. The access variance will further the General Plan and Agua Hedionda Land Use Plan by lowering the potential for inappropriate and insensitive grading and site design for the lot, providing better access. However, the site design and grading plan submitted by the applicant negates the potential benefit the access variance would have in fostering an appropriate and sensitive grading and site design.
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5. ' Through approval of Coastal Development Permit 6-87-198 by the California Coastal Commission and the unique
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circumstances surrounding the creation of the lot, the access variance is found consistent with the Agua Hedionda Land Use Plan.
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6. The adopted Local Facilities Management Plan for Zone 1 has
the application. incorporated the public facilities impacts associated with
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7. The project as mitigated will not cause any significant
environmental impacts and a mitigated Negative Declaration has been issued by the Planning Director on November 25,
1987 e
Conditions:
1. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987, as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project shall be void.
2. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
3. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first,
Plannins/Environmental:
4. Approval of V 87-1 is exclusively for access to the lot from a 16 foot wide private easement on Lot No. 95 of the vvCaprivv subdivision (Pannonia CT 85-18).
5. Prior to issuance of building and grading permits for the
I lot, the applicant shall receive approval from the
I Engineering Department of erosion control measures used for
~ the pro j ect . I
6. Prior to issuance of grading and building permits for the lot, the applicant shall be required to fulfill the requirements and intent of the Hillside Ordinance and
' receive a Hillside Development Permit from the Planning Director.
~ 7. Prior to issuance of building permits for the lot or Lot No.
95 within the llCaprill subdivision, the applicant shall
obtain approval from the City Engineer to assure sight
distance for the proposed easement access is adequate.
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~ PC RES0 NO. 2706 -3-
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8. Prior to the issuance of building permits for Lot No. 95 of the "Capri1' subdivision, the applicant shall submit to the Planning Director for approval a disclosure program that provides full disclosure of the proposed easement access to the purchaser of Lot No. 95.
Ensineerinq:
9. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
10. The grading for this project is defined as "controlled grading1# by Section 11.06.170 (a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a
civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer, and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
11. No grading shall occur outside the limits of the lot unless a letter of permission is obtained from the owners of the affected properties.
12. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
13. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior
to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
' approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types suitable to the City Engineer.
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PC RES0 NO. 2706 -4-
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14. Approval of V 87-1 is subject to the approval of Adjustment
Plat no. 348 and Conditional Certificate of Compliance No.
489.
Fire:
15. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
16. Fire retardant roofs shall be required on all structures.
17. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual.
18. A fire hydrant is required within 250 feet of the structure.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the Planning Commission of the City of Carlsbad, California, held
on the 16th day of December, 1987, by the following vote, to
wit:
AYES : Chairperson Marcus, Commissioners : McBane, Hall,
NOES : None.
ABSENT: Commissioner Schramm.
ABSTAIN: None.
Schlehuber, McFadden E Holmes.
LANNING COMMISSION
ATTEST:
MICHAEL J .YOLZ~~LLER PLANNING DIRECTOR
PC RES0 NO. 2706 -5-