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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-