HomeMy WebLinkAbout1983-04-19; City Council; 7339-1; TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT AND AN APPEAL OF A DENIAL OF A SETBACK VARIANCECIT~~F CARLSBAD - AGENDAWILL !' ,,'
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12. l- 7339-1 TITLE TENTATIVE TRACT MAP AND CONDOMIYIUM
PERMIT AND AN APPEAL OF A DENIAL OF A 4/19'83 SETBACK VARIANCE: LOCATED AT EASTERN TERFINU ID"' CITY
DEPT. CA OF POINSETTIA LANE, EAST OF 1-5 CT 83-2/CP-225/V-346 - STANDARD PACIFIC CITY
RECOMMENDED ACTION:
If the City Council wishes to approve Tentative Tract Map (CT
and Condominium Permit (CP-225), your action is approve Resolc
No. 714 I
If the City Council wishes to deny the appeal and deny varianc
Standard Pacific V-346, your action is to adopt Resolution No,
ITEM EXPLANATION
The City Council, at your meetinq of April 5, 1983 directed tk Attorney to prepare documents approving Tentative Tract Map (( and Condominium Permit (CP-225) and denying the appeal and up1 Planning Commission Resolution No. 2091. We have prepared thc
documents.
EXHIBITS
Resolution No. si'/ q/ Resolution No. -7/9&
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RESOLUTION NO. 7191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP (CT 83-2) AND CONDOMINIUM PERMIT (CP-225) ON PROPERTY GENEPALLY LOCATED AT THE EXISTING EAST
END OF POINSETTIA LANE IMMEDIATELY NORTH OF THE
SPINNAKER HILLS DEVELOPMENT e APPLICANT: STANDARD PACIFIC
CASE NO: CT 83-2/CP-225
WHEREAS, on March 9, 1983 the Carlsbad Planning
Commission adopted Resolution No. 2090 recommending to the
Council that Tentative Tract Map (CT 83-2) and Condominium
Permit (CP-225) be approved; and
WHEREAS, the City Council of the City of Carlsbad,
April 5, 1983, held a public hearing to consider the
recommendations and heard all persons interested in or oppc
to Tentative Tract Map (CT 83-2) and Condominium Permit
(CP-225); and
WHEREAS, said Tentative Tract Map and Condominium
Permit have been declared to have a nonsignificant impact c
environment and a Negative Declaration was prepared and fil
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February 18, 1983 in compliance with the requirements of th
of Carlsbad Environmental Protection Ordinance of 1980 and
California Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California as follows:
A. That the above recitations are true and correc
B. That the findings of the Planning Commission i
Resolution No. 2090 constitute the findings of the City Cou
in this matter.
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C. That said Tentative Tract Map, together with tk
provisions for its design and improvement and subject to tht
conditions of this resolution, is consistent with all applic
general aqd specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 83-2 and Condomini,
Permit CP-225 are hereby approved subject to all applicable
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commis
Resolution No. 2090, dated March 9, 1983 marked Exhibit A,
attached hereto and made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meeting
the City Council of the City of Carlsbad, California on the
19th day of Wril , 1983 by the following v
to wit: ..
AYES: Council mrs Casler, Lewis, ~ulchin, Chick and
NOES : None
ABSENT : None
,.
Prescot
%&&.+L-L
MARY H. VSLER, Mayor
ATTEST :
Ltl.c&L jP RdA,,, ALETHA L . RAUTENKRANZ
(SEAL)
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I. ll PLANNING COMMISSION RESOLUTION NO. 2090
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CI
TFtACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENE
LOCATED AT THE EXISTING EAST END OF POINSETTIA LA
IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOPM
APPLICANT: STANDARD PACIFIC
CASE NO.: CT 83-2/CP-225
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
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WHEREAS, a verified application for certain prope
wit: a
9 Section 28, Tier 12 South, Range 4 West, San Berr A portion.of the west half of the northeast quart
Base and Meridian.
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has been filed with the City of Carlsbad, and referred to
Planning Commission; and
WHEREAS, said verified application constitutes a
as provided by Title 21 of the Carlsbad Municipal Code; ar
WHEREAS, the Planning Commission did, on the.. 9th
March, 1983, hold a duly noticed public hearing as prescrj
law to consider said request; and
WHEREAS, at said public hearing, upon hearing anc
considering ali testimony and arguments, if any, of all pr
desiring to be heard, said Commission considered all factc
relating to the Tentative Tract Nap and Condominium Permii
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plal
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22 Commission as follows:
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A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public hi
25 the Comrnissicn recommends APPROVAL of CT 83-2/CP-225
26 conditions :
the following findings and subject to the following
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'I /I . 1 Findings I1
2 1) The project is consistent with the city's General P~E
the proposed density of 7 du's/acre is within the der
Land Use Element of the General Plan. 3 of 4-10 du's/acre specified for the site as indicated
.. 4 - 2) The Bite is physically suitable for the type and den:
accommodate residential development at the density pl
3) The project is consistent with all city public facilj
5 development since the site is adequate in size and sk
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7 icies and ordinances since:
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a)' The Planning Commission has, by inclusion of an i
condition to this project, insured that the fina: not be approved unless the City Council finds th; service is available to serve the project. In ac the Planning Conmission has added a condition thi
shall be placed on the final map that building pt
not be issued for the project unless the City En!
determines that sewer service is available, and I
cannot occur within the project unless sewer serl
remains available, and the. Planning Commission i:
that the requirements of the public facilities e:
the General Plan have been met insofar as they a] sewer service for this project.
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b) 1 School' fees will be paid to ensure the avaiiabi-1 school facilities in the Carlsbad school distric
January 20, 1983, stating that school facilities
available to this project;
b)2 The Carlsbad School District has written a lette
18 c) Park-in-lieu-fees are required as a condition of
19 d) All necessary public improvements have been prov
I will be required as conditions of approval. 20
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e) The applicant has agreed and is required by the of an appropriate condition to pay a public faci
Performance of that contract and payment of the
enable this body to find that public facilities
. available concurrent with need as required by th
Plan.
24 f) Assurances have been given that adequate sewer f
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project will be provided by the city of Carlsbad
Development Ordinance and also complies with the Des 26
4) The proposed project is consistent with the city's P
Guidelines Manual.
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3. 5) The proposed project is compatible with the surroundir: land uses since surrounding properties are designated
2 residential development on the General Plan.
3 6) This project will not cause any significant environmer impacts and a Negative Declaration has been issued by
Planding Commission on March 9, 1983. 4 Use Planning Manager on February 18, 1983 and approvec
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1) Approval is granted for CT 83-2/CP-225. as shown on E:
A, dated March 4, 1983, and B, C, D, E, F, G, H, I, J
January 21, 1983, and L, M, dated March 1, 1983, inco~ by reference and on file in the Land Use Planning off:
Development shall occur substantially as shown unless
noted in these conditions,
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This project is approved upon the express condition tl
final map shall not be approved unless the City Counc. as of the time of such approval that sewer service is to serve the subdivision-
This project is approved upon the express condition tl building permits will not be issued for development o subject property unless the City Engineer determines
sewer permits and will continue to be available until
occupancy. This note shall be placed on the final ma
facilities are available at the time of application fl
36 4) This project is approved upon the express condition t applicant shall pay a public facilities fee as requir
to the agreement -executed by the applicant for paynen 18
City Clerk and incorporated herein by reference, and
fee, a copy of that agreement, dated January 18, 1983
.If said fee is not paid as promised, this application
project shall be void.
17 Council Policy No. 17, dated April 2, 1982, on file w
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be consistent. with the General Plan and approval for 20
file with the City Clerk and incorporated herein by r
21 5) The applicant shall provide for the payment of park-i
required by Chapter 20.44 of the Carlsbad Municipal C ' 22 fees to the city, prior to the approval of the final
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24 ordinances in effect at time of building permit issuz
sections of the Zoning Ordinance asld all other applic
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6) Approval of this request shall not excuse compliance
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Water shall be provided by the city of Carlsbad Unles
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other arrangement is approved by the City Council.
Land lJse Planning Off ice
8) The applicant shall prepare a reproducible mylar of t
site plan incorporating the conditions contained here
site,-plan shall be submitted to and approved by the 1
5 Planning Manager prior to the issuance of building PE
6 9) The applicant shall establish a homeowner's associati
Planning Manager.prior to final map approval,
corresponding covenants, conditions and restrictions.
.7 CC&R's shall be submitted to and approved by the Lanc
8 1.0) The applicant shall prepare a detailed landscape and
Planning Manager prior to the issuance of building PC 9 plan which shall be submitted to and approved by the
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11) Prior to the issuance of grading permits, the archaec site on the property shall be investigated as recommc
Page 13 of the Archaeological Survey for the site dal
I, 1982.
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12) A 500' scale map of the subdivision shall be subrnittt Land Use Planning Manager prior to the recordation oj map, Said map shall show all lots and streets withil
adjacent to the project. ...-. ,.. : .-
13) All landscaped areas shall be maintained in a health:
thriving condition, free from weeds, trash, and debr.
17 14) Any signs proposed for this development shall be des
review and approval of the Land Use Planning Manager 18
conformance with tl-e city's Sign Ordinance and shall
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installation of such signs.
15) .If provided, trash receptacle areas shall be enclose1
Location of said receptacles shall be approved by th 20
Planning Manager. 21
6-foot high masonry wall with gates pursuant to city
22 16) All roof appurtenances, including air conditioners,
buffered from adjacent properties and streets to the 23
architecturally integrated and shielded from view an
satisfaction of the Land Use Planning Manager and Bu
24 Planning Director.
25 17) The applicant shall submit a street name list consis
Manager's approval prior to final map approval. 26
the city's street name policy subject to the Land US
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,181 he developer shall obtain a grading permit prior to commencement of any clearing or grading of the site.
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The grading for this project is defined as "controllc
by Section 11,06.170(a) of the Carlsbad' Municipal Coc
Gradhg shall be performed under the observation of c
engineer whose responsibility it shall be to coordinz
inspection and testing to insure compliance of the wc
the approved grading plan, submit required reports tc
Engineer and verify compliance with Chapter 11.06 of
Carlsbad Municipal Code.
No grading shall occur outside the limits of the subc unless a letter of permission is obtained from the 0% the affected properties,
Additional drainage easements and drainage structure2
provided or installed as may be required by the Count
Department of. Sanitation and Flood Control or the Cit neer ,
Land for all public streets and easements shown on tt
tative map shall be dedicated on the final map and sk:
granted to city free and clear of all liens and encuri brances, unless otherwise approved by the City Engine
Direct access rights for all lots abutting Poinsettiz
Batiquitos Drive shall be waived on the final map.
Prior to final map approval an access easement shall
granted to the commercial grower (Thompson) east of t
project. The alignment for this easement must be apy
the City Engineer-.
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19 p5) All public streets improved by the developer shall be .the typical sections shown on the tentative map and i
and to the satisfaction of the City Engineer, 20 conformance with City of Carlsbad Standards prior to
21 26) Batiquitos Drive shall be wider than standard to allc
intersection, as shown on Exhibit A, dated March 4, 1
27) The developer shall contribute 50% toward the constrc
' 22 additional lane to mitigate posible congestion at thi
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24 '6 phase traffic signal at the intersection of Batiqui and Poinsettia.
25 28) The developer shall design the traffic loops and the
26 signal at Batiquitos drive and Poinsettia Lane prior map approval.
.27 f' ' 28 'C RES0 NO. 2090 5.
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29) The drainage system shall be designed to the satisfac
the City Engineer.
30) The drainage system shall be designed to ensure that
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duration under developed conditions, is-equal to or 1 .4
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the runoff from a storm of the same frequency and dur
under existing conditions. Both 6 hour and 24 hour s
durations shall be analyzed to determine the detentic
capacities necessary to accomplish the desired result
The owner of the subject property shall execute a hol
agreement regarding drainage across the adjacent pro^ to approval of the final map.
Prior to final map approval the land owner west of tk shall grant permission to drain onto his property, 01 system shall be redesigned to mitigate this issue.
The developer shall construct desiltation/detention k
type and size and at locations as approved by the Cit
Engineer. The developer shall enter into a desiltatj
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the appror
final map for this project. Each desiltation basin E
serviced by an all weather access/maintenance road.
provisions of this agreement shall apply to any off-:
sites which may be utilized in the construction bf tl as required by the City Engineer.
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design requirements of the respective sewer and watel
l? regarding services to the project. 1
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The developer shall install street trees at the equiT
40-foot intervals along all public street frontages :
conformance with City of Carlsbad Standards. The trt
be of a variety selected from the approved Street Trc
The developer shall install sidewalks along all publ: frontages in conformance with City of Carlsbad Standi to occupancy of any buildings.
The developer shall install a wheelchair ramp at all street corner abutting the subdivision in conformanc( of Carlsbad Standards prior to occupancy of any built
The design of all private streets and drainage syste;
approved by the City Engineer prior to approval of t
map. ' The structural section of all private streets conform to City of Carlsbad Standards based on R-val
All private streets and drainage systems shall be in the city, and the standard improvement.plan check an inspection fees shall be paid prior to approval of t
map.
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39) During the construction phase of the project, heavy
construction equipment and trucks shall take access t( project directly from Poinsettia Lane and shall not t; access through the Spinnaker Hills subdivision to the
Specifically, no construction equipment or trucks sha: the Daisy Avenue/Ivy Street access to the site.
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the homeowner's association in perpetuity, This resp
shall be clearly stated in the CCStR's.
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41) Approval of this tentative tract map shall expire twe,
months from the date of City Council approval unless
map is recorded, An extension may be requested by thl
applicant. Said extension shall be approved or deniet
discretion of the City Council. In approving an exte
City Council may impose new conditions and may revise
conditions. i I .. ......... ...... ..... Fire
42) Additional public and/or on site fire hydrants shall quired if deemed necessary by the Fire Marshall.
93 43) The applicant shall submit two (2) copies of a site p
' site roads and drives subject to the approval of the 14
showing locations of existing and proposed fire hydra
Marshall. ,*., ..... *
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45) All required fire hydrants, water mains and appurtena 17
construction,
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be operational prior to combustible building material
cul-de-sac or a hammerhead when driveway is more khan 46) Adequate emergency vehicle turn-arounds shall be prov 19
located on the project site.
20 deep from property line at street.
21 47) All private driveways and one side of all private str having widths of 32' or less shall be kept clear of F
Lane Tow Away Zone" pursuant to Section 17.04.040, CE 22 vehicles at all times, and shall have posted "NO Park
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49) All fire alarm systems, fire hydrants, extinguishinq 25
48) Fire retardant roofs shall be required on all structL 24
Municipal Code.
automatic sprinklers, and other systems pertinent to
26 project shall be submitted to the Fire Department for
prior to construction.
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1 50) Building exceeding 10,000 sq.ft. aggregate floor are(
sprinklered or have four-hour fire walls with no ope]
less) areas. 2 therein which shall split the building into 10,000 SI
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51) The project lies in an area which is in excess of th minute emergency response time standard from a fire
If donstruction begins prior to a suitable site beins all structures shall be provided with an automatic f sprinkler meeting the Fire Departmentls standards Eo
residential sprinkler systems,
7 Parks and Recreation I/
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52) Street trees shall be planted at the rate of one per
residence, The species of trees are to be approved
Parks and Recreation Department. All trees are to b a minimum 12' back of curb. . .
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53) Landscaping of the area shall incorporate native, in
drought plantings, limited use of turf and water con
irrigation practices to the satisfaction of the Park Recreation Director.
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54) Any open space/natural areas shall be hydroseeded wi
irrigated with a temporary irrigation system. 17
56) All slope areas adjacent to public streets shall be 16
heavy landscape plantings. 15
approved hydro-seed mix.
55) The recreational vehicle storage area shall be scree
hydroseeded with an approved drought tolerant seed IT
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2811 PC RES0 NO. 2090 ' 8.
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1 PASSED, APPROVED AND ADOPTED at a regular meetin
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the 9th day of March, 1983, by the following vote, to wit 3
Planning Commission of the City of Carlsbad, California,
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/AYES: ' mairman Schlehuber, Commissioners Marc1
Rombotis, Farrow, Jose, Friestedt and R;
NOES : None.
ll ABSENT: . None.
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ABSTAIN : None c
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ATTEST :
ll LAND USE PLANNING MANAGER
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CLARENCE SCHLEBUBER, C
CARLSBAD PLANNING COMP
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RESOLUTION NO. 7 192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL
FROM A PLANNING COMMISSION DECISION AND
DENYING VARIANCE - STANDARD PACIFIC V-346 TO
REDUCE THE FRONT YARD SETBACK ON UNITS THAT MEEl CERTAIN CRITER.IA ON PROPERTY GENERALLY LOCATED
AT THE EXISTING. EAST END OF POINSETTIA LANE
IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOI
APPLICANT: -STANDARD PACIFIC
CASE NO.: V-346
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WHEREAS, on March 9, 1983 the Planning Commission
adopted Resolution No. 2091 recommending to the City Counci
Variance - Standard Pacific (V-346) be denied: and
WHEREAS, the City Council of the City of Carlsbad
April 5, 1983 hold a duly noticed public hearing to conside
the recommendations of the Planning Commission and to recei
recommendations and hear all persons interested in or oppos
said variance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California as follows:
A. That the above recitations are true and corrc
B. That the findings of the Planning Commission
Resolution No. 2091 constitute the findings of the City COL
in this matter.
C. That Variance - Standard Pacific (V-346) is k
denied based upon the facts set out in the Planning Departn
Staff Report dated March 9, 1983 and Planning Commission
Resolution No. 2091 attached a5 Exhibit A and incorporated
herein.
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D. This action of denial is final the date this
I resolution is adopted by the City Council, The provision 0
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits f
Judicial Mview" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civ Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or othe paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day
following the date on which this decision becomes
final; however, if within ten days after the decis becomes final a request for the record of the proceedings accompanied by the required deposit in amount sufficient to cover the estimated cost of
preparation of such record, the time within which
petition may be filed in court is extended to not
than the thirtieth day following the date on which
record is either personally delivered or mailed to
party or his attorney of record, if he has one. A
written request for the preparation of the record the proceedings shall be filed with the City Clerk
City of Carlsbad, 1200 Elm Avenue, Carlsbad, Calif
92008 . 'I
PASSED, APPROVED AND ADOPTED at a reguiar meeting
the City Council of the City of Carl.sbad, California, held
the 19th day of April , 1983, by the foll
vote, to wit:
AYES : Council Members Casler, Lewis, Kulchin, Chick and
Prescc
I NOES: None -
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' ABSENT: None %dL
MARY H. ASLER, Mayor
ATTEST :
a xQz-a-T ALETHA L. RAUTENKRANZ, City C
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PLANNING COMMISSION RESOLUTION NO. 2091
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CI
CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUC
FRONT YARD SETBACK ON UNITS THAT MEET CERTAIN CRI
PROPERTY GENERALLY LOCATED AT THE EXISTING EAST E
POINSETTIA LANE IMMEDIATELY NORTH OF THE SPINNAKE
DEVELOPMENT. APPLICANT: STANDARD PACIFIC
CASE NO.: V-346
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I I I WHEREAS, a verified application for certain prop€
., .. ellwit:
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... . ~.. .. ... . . . F .;. 9 A portion of the west half of the northeast quart .. ,.. . . ... I.
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., . . .. Section .28, Tier 12 South, .Range 4 West, San Berr
11 has been filed with the City of Carlsbad, and referred to
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WHEREAS, said verified application constitutes a 13
Planning Commission; and
relating to V-346. 21
.desiring to be heard, said Commission considered a11 fact 20
considering all testimony and arguments, if any, of all p 19
WHEREAS, at said public hearing, upon hearing an 18
law to consider said request; and 17
Marchl 1983, hold a duly noticed public hearing as prescr 3.6.
WHEREAS, the Planning Ccmmission did, on the 9th 15
as provided by Title 21 of the Carlsbad Municipal Code; a' 14
3.0 Base and Meridian.
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22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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B) That based on the evidence presented at the public k 25
A) That the foregoing recitations are true and correct. 24
Commission of the City of Carlsbad as follows:
the Commission DENIES V-346, based on the following 26
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I1 RESOLUTI(
P. ,e * &. .+ .. w @:IY &ll Findinys:
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2’ I) That no extraordinary or exceptional circumstances a
applicable to this property that do not apply to 0th
adequately develop without such variance, and is not 3 property in the vicinity since the parcel is large e
-4 fromiother properties in the vicinity.
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2) That this variance is not necessary for the preserva
enjoyment of a substantial property right possessed
properties but denied this property because no other
in the vicinity possess such reduced setbacks.
PASSED, APPROVED AND ADOPTED at a regular meetin
Planning Commission of the City of Carlsbad, California,
9th day of March, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Marc
Rombotis, Farrow, Jose, Friestedt and I
NOES : None . .. .
ABSENT : None.
ABSTAIN : None.
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17 ATTEST :
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CARLSBAD PLANNING COMM
b
Ph”.. ~ojl?kii
CLARENCE SCHLEHUBER, C
LAND USE PLANNING MANAGER
-.
PC RES0 NO. 2091 2.