HomeMy WebLinkAbout1997-03-05; Planning Commission; Resolution 40697
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PLANNING COMMISSION RESOLUTION NO. 4069
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNING COMMISSION DETERMINATION FOR THE
RELOCATION OF A 1,204 SQUARE FOOT, SINGLE STORY
HOUSE ONTO VACANT PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF KNOWLES AV.
BETWEEN GREGORY DRIVE AND ELMWOOD STREET, IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NO: PCD 97-01
CASE NAME: KNOWLES AVENUE MOVE-ON
WHEREAS, Russell Bennett, “Developer”, has filed a verified applicatiol
the City of Carlsbad regarding property owned by Russell Bennett, “Owner”, described as:
Parcel A of Parcel Map No. PM16664, in the County of San
Diego, State of California, filed in the Office of the County
recorder of San Diego, October 22,1991;
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Pla
Commission Determination as shown on Exhibits “A” and “B” dated March 5, 1997, on
the Planning Department as provided by Section 18.24.040 of the Carlsbad Municipal Code
WHEREAS, the Planning Commission did on the 5th day of March
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimon;
arguments, if any, of all persons desiring to be heard, said Commission considered all 5
relating to the Planning Commission Determination; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Commission APPR(
Planning Commission Determination, PCD 97-01, based on the following fin
and subject to the following conditions:
Findings:
1. The proposed house relocation is consistent with the General Plan as it proposes to
a single family home on a residentially designated parcel.
2. The proposed house relocation is consistent with the applicable portions of the C~I
Municipal Code since the relocation request is being heard by the Planning Comm
and the relocated house would meet all the requirements of the underlying R-1 zone.
3. That the Planning Director has determined that the project is exempt fron
requirements of the California Environmental Quality Act (CEQA) per Section 153
of the state CEQA Guidelines and will not have any adverse significant impact c
environment.
4. The Planning Commission has reviewed each of the exactions imposed on the Dew
contained in this resolution, and hereby finds, in this case, that the exactions are im:
to mitigate impacts caused by or reasonably related to the project, and the extent ar
degree of the exaction is in rough proportionality to the impact caused by the project
Conditions:
1. The Planning Commission does hereby APPROVE the Planning Commi
Determination for the project entitled “KNOWLES AVENUE MOVE-ON’. Ex!
“A” AND “B” dated March 5, 1997, on file in the Planning Departmenl
incorporated by this reference, subject to the conditions herein set forth. Sk
authorized and directed to make, or require the Developer to make, all correction
modifications to the PCD 97-01 documents, as necessary to make them intel
consistent and in conformity with the final action on the project. Development
occur substantially as shown on the approved Exhibits. Any proposed develor
substantially different from this approval, shall require an amendment to this approvi
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer shall pay the public facilities fee adopted by the City Council on Jul
1987, (amended July 2, 1991) and as amended from time to time, and any develor
PC RES0 NO. 4069 -2-
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fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun
Code or other ordinance adopted to implement a growth management system or Fac
and Improvement Plan and to fulfill the subdivider’s agreement to pay the 1
facilities fee dated January 3,1997, a copy of which is on file with the City Clerk
incorporated by this reference. If the fees are not paid, this application will r
consistent with the General Plan and approval for this project will be void.
4. The Developer shall provide proof of payment of statutory school fees to mi
conditions of overcrowding as part of the building permit application. The am01
these fees shall be determined by the fee schedule in effect at the time of building F
application.
5. Prior to the issuance of building permits, the Developer shall pay to the Ci
inclusionary housing impact fee as an individual fee on a per market rate dwellin:
basis.
6. Plans, specifications, and supporting documents for all public improvements sb
prepared to the satisfaction of the City Engineer. Prior to issuance of building pen
accordance with the City Standards, the applicant shall install, or agree to instal
secure with appropriate security as provided by law, improvements as shown on th
plan and the following improvements:
Knowles Avenue half street improvements.
Improvements listed above shall be constructed within 18 months of the se
improvement agreement or such other time as provided in said agreement.
7. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1:
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance I
future building permits; deny, revoke or fwther condition all certificates of occur
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violatior
vested rights are gained by Developer or a successor in interest by the City’s appro7
this Planning Commission Determination.
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PC RES0 NO. 4069 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 5th day of March 1997, k
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heint
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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ROBdT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
,
MICHAEL J. HMZMI~LER
Planning Director
PC RES0 NO. 4069 -4-