HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 46411
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 0
PLANNING COMMISSION RESOLUTION NO. 4641
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN ADMINISTRATIVE VARIANCE ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF CARLSBAD BOULEVARD AND CHESTNUT
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CHESTNUT CONDOS
CASE NO: AV 99-06
WHEREAS, Barry Blue, “Developer” and “Owner”, has filed a
application with the City of Carlsbad regarding property described as
Plot 4, Block “B” Palisades, City of Carlsbad
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Va
shown on Exhibits “A-I” dated September 15, 1999, on file in the Carlsbad
Department, CHESTNUT CONDOS, AV 99-06 provided by Chapter 21.50 of the
Municipal Code; and
WHEREAS, the Planning Commission did on the 15th day of Septemk
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
and arguments, if any, of a11 persons desiring to be heard, said Commission considered
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 CHESTNUT CONDOS, AV 99-06 based on the followin:
and subject to the following conditions:
...
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
0 0
Findings:
1. That special circumstances apply to the subject property in that the lot fronts on
arterial street, which pursuant to the Planned Development Ordinanc
require an overly burdensome (40 feet) front yard setback that has 1
required of previous Planned Developments along Carlsbad Boulevard, suc
strict application of the zoning ordinance deprives said property of privileges er
other property in the vicinity and under the identical zoning classificatic
application of this 40’ setback would substantially reduced the buildable arl
property which is designated (R-3) for higher intensity residential develop1
would be inconsistent with previous residential development approva
Carlsbad Boulevard.
2. That the variance is subject to conditions which will assure that the adjustment(:
authorized will not constitute a grant of special privileges inconsistent
limitations upon other properties in the vicinity and zone in which the subject p:
situated.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all c(
and modifications to the Administrative Variance documents, as necessary
them internally consistent and in conformity with the final action on the
Development shall occur substantially as shown on the approved Exhibits. Any
development different from this approval, shall require an amendment to this apy
I 2. This approval is granted subject to the approval of MS 99-02/CP 99-07/SDP 9
CDP 99-16 is subject to all conditions contained in the Administrative Appro
and Resolution No. 4637, and 4636 for those other approvals
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
~ 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/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bl
a NOTICE similar to this, or as to which the statute of limitations has previously 1
expired.
PC RES0 NO. 4641 -2-
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
0 8
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 15th day of September,
the following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heure
Nielsen, Segall, and Welshons
NOES:
ABSENT: Commissioner Trigas
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4641 -3-