HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4509r
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PLANNING COMMISSION RESOLUTION NO. 4509
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF VARIANCE V 98 04 TO ALLOW TWO
PROPOSED LOTS TO EXCEED THE MAXIMUM
PANHANDLE LENGTH ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BLACK RAIL
ROAD AND FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO: V 98-04
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed :
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and.
WHEREAS, said application constitutes a request to allow two lots to ex1
maximum panhandle length of 200 feet contained in Section 21.10.080 (d)(4); and
WHEREAS, said verified application constitutes a request for a Var
shown on Exhibit(s) “A” - “X”. dated March 17, 1999, on file in the Carlsbad 1
Department, DE JONG RESIDENTIAL PROJECT - V 98-04 provided by Chapter
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of March, 1
on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to 1
said request; and
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WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if arry, of all persons desiring to be heard, said Commission considered 2
relating to the Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 RECOMMENDS APPROVAL of DE JONG RESID1
PROJECT - V 98-04 based on the following findings and subjec
following conditions:
Findings:
1. That there are exceptional or extraordinary circumstances or conditions applicak
property or to the intended use that do not apply generally to the other property 0:
use in the same vicinity and zone, in that the extraordinary condition is create
horizontal and vertical elevations previously set by the public street, B1:
Road, from which the proposed lots obtain access. This condition is exacerl
the diagonal alignment of the 100 foot wide SDG&E easement which is01
portion of the site that contains unconstrained, developable area on a prc
that will be providing a considerable amount of open space. The diagonal
the SDG&E easement off of Black Rail Road results in the necessity to ex
access portion of the lots an additional 85 feet to avoid the easement are
provision of a public hillside street to access the two lots would result in
encroachment and possible impacts to the SDG&E easement, sensitive habit;
slopes areas, and coastal regulation identified “dual criteria slopes”.
2. That the requested variance is necessary for the preservation and enjoymt
substantial property right possessed by other property in the same vicinity and :
which is denied to the property in question, in that the land east of the !
easement is not constrained land and historic access to the site has been take
manner proposed in the project design. The proposed flag lot configuratio1
in the least impacting form of access to the two proposed private lots.
3. That the granting of this variance will not be materially detrimental to the public
or injurious to the property or improvements in the vicinity and zone in wl
property is located, in that the granting of such variance results in a PI
condition to access a developable portion of the property, while maintain
current grades set by construction of Black Rail Road by adjacent developm
minimizing impacts of development to the existing SDG&E major trans
easement, native biological habitats, and steep slopes. To ensure public saf
PC RES0 NO. 4509 -2-
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suppression zones and future unit construction in compliance with urban-.
interface “ignition-resistant construction” is required.
4. That the granting of this variance will not adversely affect the General Plan, ir
granting of the variance, to allow the access driveway for two proposed sing
residential lots to be extended from 200 feet to a length of 230 feet and :
would not in any way adversely affect the City’s goals or objectives establ:
the comprehensive general plan. No circulation element roadways will be :
proposed development is in conformance with onsite Land Use
designations; and the design would not result in any impacts to the 1
designations of surrounding properties.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the document(s) necessary to make them internally consiste:
conformity with final action on the project. Development shall occur substar
shown in the approved Exhibits. Any proposed development different fi
approval, shall require an amendment to this approval
2. Approval of V 98-04 is granted subject to the approval of the Mitigated I
Declaration and Mitigation Monitoring and Reporting Program, ZC 98-02
98-01, CT 98-05, HDP 98-03, and CDP 98-26. VP 98-04 is subject to all CG
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01,
05, HDP 98-03, and CDP 98-26.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexact
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man’
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection u
project; NOR DOES IT APPLY to any feedexactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously ot
expired.
...
1 PC RES0 NO. 4509 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of April, 1991
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
erson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4509 -4-