HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4285r.
4
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PLANNING COMMISSION RESOLUTION NO. 4285
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SECOND DWELLING UNIT ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF THE
INTERSECTION OF MAGNOLIA AVENUE AND ADAM’S
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MAGNOLIA SUBDIVISION
CASE NO.: SDP 97-26
WHEREAS, Michael D. O’Gara, “Developer”, has filed a verified ap
with the City of Carlsbad regarding property owned by Ettore S. Bertagnolli and Gc
Bertagnolli, husband and wife as joint tenants, “Owner”, described as
A portion of Lots 13 and 17, Block “B” per map 2027.
DEVELOPMENT PLAN NO. SDP 97-26 TO APPROVE ONE
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibit(s) “A” - “C” dated July 1, 1998 , on file in the Planning Der
l MAGNOLIA SUBDIVISION, SDP 97-26, as provided by Chapter 21.06/Section 21.5
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of July , 1996
duly noticed public hearing as prescribed by law to consider said request; and
I
WHEREAS, at said public hearing, upon hearing and considering all tc
22 II and arguments, if any, of all persons desiring to be heard, said Commission considered a
23
24
relating to the Site Development Plan.
25
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
26 A) That the foregoing recitations are true and correct.
27
28
,.
4
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
B) That based on the evidence presented at the public hearing, the I
Commission APPROVES MAGNOLIA SUBDIVISION, SDP 97-26, I
the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envir,.
settings, is consistent with the various elements and objectives of the General F
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrour
traffic circulation, in that a) the proposed lots can easily accommodate the F
structures while providing all required front, side, and rear yard setbacks
the project complies with all City standards for lot configuration, street
grading and drainage for the development, and c) the project in consisl
compatible with the surrounding development in scale and design, ant
project design preserves the single family character of the surr
neighborhood..
2. That the site for the intended use is adequate in size and shape to accommodate tl-
that the proposed lots all exceed the minimum lot size requirement for the z
can easily accommodate the proposed structures while providing all requirc
side, and rear yard setbacks, and the project complies with all City standard
configuration, street widths, grading and drainage for the development.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the project design complies with all ay
regulations for yards, setbacks, and other features pursuant to the R
standards.
4. That the street systems serving the proposed use is adequate to properly handle s
generated by the proposed use, in that the project design includes dedicatior
improvements to Magnolia Avenue and Adams Street.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Site Development Plan document(s) necessary to mz
internally consistent and in conformity with final action on the project. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed devt
different from this approval, shall require an amendment to this approval.
2. Approval of SDP 97-26 is granted subject to the approval of CT 97-23. SDP
subject to all conditions contained in Planning Commission Resolution No. '
CT 97-23.
PC RES0 NO. 4285 -2-
C
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 I
25
26
27
i
28
e e
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for conveni
“fees/exactions.”
You have 90 days from July 1,1998 to protest imposition of these feedexactions. If yo
them, you must follow the protest procedure set forth in Government Code Section 66021
file the protest and any other required information with the City Manager for procc
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely foll
procedure will bar any subsequent legal action to attack, review, set aside, void, or am
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 F
zoning, grading or other similar application processing or service fees in connection v
project; NOR DOES IT APPLY to any feedexactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 1st day of July 1998,
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Mc
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
I
I
BAILEY NQ$lE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. &~LZ&LER
Planning Director
PC RES0 NO. 4285 -3-